SCHUTT LAW FIRM, P.A.
Phone: 239.540.7007
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Schutt Law Firm, P.A. - Attorney Profile
Home Closing 101
Do you know what to expect on closing day?
Most people don’t. And that can lead to some uneasiness. But help is here. The American Land Title Association, or ALTA, has created a website featuring information every homebuyer can use to help familiarize themselves with the closing process before walking into the closing
The Home Closing 101 Site
At Home Closing 101 you will find information you can use to prepare yourself for closing. The site covers topics such as title insurance, escrow fees and closing costs. So when the time comes to sign on the dotted line you’ll feel fully prepared.
Home Closing 101 is especially helpful for first time buyers. Buying a house is an exciting time and the more you know about the process, the more relaxed you’ll be going through it. Spend a little time on the site and you can walk through the home buying process, receiving explanations for each step and helpful hints on how to find the right people to help you on your journey to homeownership.
Click here to start learning about the home buying process.
What Is American Land Title Association (ALTA)?
Founded in 1907, ALTA is the national trade association and voice of the title insurance industry. ALTA members search, review and insure land titles to protect home buyers and mortgage lenders who invest in real estate.
ALTA members advocate safe and efficient transfer of real estate and insist on high standards when searching land title records and preparing insurance documents. The industry seeks to eliminate risk before insuring, which provides homebuyers with the best possible chance of avoiding land title problems. But, title difficulties can and do occur, and members offer both Owner’s and Lender’s title insurance policies as effective safeguards.
Click here to visit the ALTA website.
About Stewart Title Insurance
Stewart (NYSE: STC) is a leading provider of real estate services, including global residential and commercial title insurance, escrow and settlement services, lender services, underwriting, specialty insurance and other solutions that facilitate successful real estate transactions. Stewart offers personalized service, industry expertise and customized solutions for virtually any type of real estate transaction, through our direct operations, network of approved agencies and other companies within the Stewart family. Through a focus on integrity, smart growth and conservative management, Stewart remains committed to serving our customers, innovating and improving to meet their needs in an ever-changing market.
Please click on the link below for more information:
WHY TITLE INSURANCE?
Owning real estate is one of the most precious values of freedom in this country. You want the assurance that the property you are buying will be yours. Other than your mortgage holder, no one else should have any claims or restrictions against your home.
Title insurance is issued after a careful examination of the public records. But even the most thorough search cannot absolutely assure that no title faults are present, despite the knowledge and experience of professional title examiners. In addition to matters shown by public records, other title problems may exist that cannot be disclosed in a search. Title insurance eliminates any risks and losses caused by faults in title from an event that occurred before you owned the property.
Title insurance is different from other types of insurance in that it protects you, the insured, from a loss that may occur from matters or faults from the past. Other types of insurance such as auto, life, or health cover you against losses that may occur in the future. Title insurance does not protect against any future faults, but does protect you from risks or undiscovered interests. Another difference is that you pay a one-time premium for a policy that remains effective until the property is sold to a new owner - even if that doesn't occur for decades.
What is a Lender's Policy?
A lender's policy, also known as a loan policy or a mortgage policy, protects the lender against loss due to unknown title defects. It also protects the lender's interest from certain matters which may exist, but may not be known at the time of the sale.
This policy only protects the lender's interest. It does not protect the purchaser. That is why a real estate purchaser needs an owner's policy.
What is an owner's policy?
An owner's policy protects you, the purchaser, against a loss that may occur from a fault in the ownership or interest you have in the property. You should protect the equity in your new home with a title policy.
What does an owner's policy provide?
- Protection from financial loss due to demands that may be charged against the title to your home, up to the cost of the title policy.
- Payment of legal costs if the title insurer has to defend your title against a covered claim.
- Payment of successful claims against the title to your home covered by the policy, up to the cost of the policy.
Why the seller needs to provide title insurance?
Any purchaser will need evidence that his investment in your property is free of title defects. The title insurance policy that you provide the purchaser is a guarantee that you are selling a clear title to your real estate, unencumbered by any legal attachments that might limit or jeopardize ownership. It will reassure your purchaser that he or she is protected from any risks or losses and could help you close your deal.
Why the buyer needs title insurance?
Without title insurance, you may not be fully protected against errors in public records, hidden defects not disclosed by the public records, or mistakes in examination of the title. As a result, you may be held fully accountable for any prior liens, judgments or claims brought against your new property. If this should occur, your title policy insures that you will be defended at no cost against all covered claims up to the amount of the policy.
How much does title insurance cost?
The insurance commission approves and controls the premiums for title insurance policies. The premiums are paid only once and the cost depends upon the purchase price of the property and the policy amount must be equal to the purchase price.
What does title insurance protect from?
- Fraud
- Adverse possession
- Rights of divorced parties
- Deeds by minors
- Undisclosed Heirs
- Errors in tax records
- False affidavits of death or heirship
- Probate matters
- Deeds and wills by persons of unsound mind
- Conveyances by undisclosed divorced spouses
- Forfeitures of real property due to criminal acts
- Deeds by persons falsely representing their marital status
- Documents executed by a revoked or expired Power of Attorney
- Defective acknowledgements due to improper or expired notarization
- Mistakes and omissions resulting in improper abstracting
- Forged deeds, mortgages, wills, releases and other documents
- False impersonation of the true land owner
This guide from Stewart: Schutt Law in Fort Myers offers insights, tips, and step-by-step advice for buying your first property and turning your dream of property ownership into a tangible reality.
Taking the First Step Towards Homeownership
Buying your first property marks a significant milestone in your life. It's a journey filled with excitement, anticipation, and perhaps a touch of apprehension. From saving up for the down payment to scouring listings and finally stepping into your dream home, the process can be both exhilarating and daunting. In this guide, we'll walk you through each step of the journey, providing valuable insights and tips to help you make informed decisions and achieve your goal of becoming a homeowner.Don't leave the fate of your new home to chance. Partner with Schutt Law in Fort Myers for comprehensive title insurance and searches. Call (239) 540-7007 now to safeguard your investment.
Setting Your Goals and Budget
Defining Your Needs and Wants
Before diving into the world of property hunting, take some time to reflect on your needs and wants. Consider location, size, amenities, and proximity to schools or workplaces. Make a list of non-negotiable and desirable features to guide your search.Establishing a Realistic Budget
Once you have a clear idea of what you're looking for, it's essential to establish a realistic budget. Factors include the purchase price of the property and additional costs such as closing fees, property taxes, and ongoing maintenance expenses. Consult with a financial advisor or mortgage broker to determine how much you can afford to borrow and what type of mortgage best suits your financial situation.Exploring Financing Options
Understanding Mortgage Types
Mortgages come in various forms, each with its terms and conditions. From fixed-rate to adjustable-rate mortgages, it's crucial to understand the differences and choose one that aligns with your long-term financial goals. Consider factors such as interest rates, loan terms, and down payment requirements when comparing mortgage options.Saving for the Down Payment
Saving for a down payment is one of the most significant hurdles for first-time homebuyers. Aim to save at least 20% of the property's purchase price to avoid private mortgage insurance (PMI) and qualify for more favorable loan terms. Explore strategies such as automated savings plans, cutting discretionary expenses, and maximizing contributions to your savings account or retirement accounts to accelerate your savings goal.Navigating the Home Search Process
Enlisting the Help of a Real Estate Agent
A knowledgeable real estate agent can be your greatest ally in the home-buying process. Look for an agent who specializes in the neighborhoods you're interested in and has a proven track record of success. They can provide valuable insights into local market trends, negotiate on your behalf, and guide you through the intricacies of the purchasing process.Researching Neighborhoods and Properties
Take the time to research different neighborhoods and properties to find the perfect fit for your lifestyle and budget. Attend open houses, explore virtual tours, and drive around prospective neighborhoods to get a feel for the area. Consider factors such as school districts, crime rates, access to amenities, and future development plans when evaluating potential properties.Ensure a smooth and worry-free homebuying experience with the assistance of a trusted title agency. Contact Schutt Law in Fort Myers at (239) 540-7007 to learn more about how our expertise can protect your interests and provide you with peace of mind.
Making an Offer and Negotiating Terms
Crafting a Competitive Offer
Once you've found a property that meets your criteria, it's time to make an offer. Work closely with your real estate agent to craft a competitive offer considering current market conditions, comparable sales, and the seller's motivations. Be prepared to negotiate terms such as price, closing date, and contingencies to reach a mutually beneficial agreement.Conducting Due Diligence
Before finalizing the purchase, it's essential to conduct due diligence to uncover any potential issues with the property. Hire a qualified home inspector to thoroughly examine the home's structure, systems, and components for any signs of damage or defects. Review pertinent documents such as property disclosures, title reports, and homeowners association (HOA) rules to ensure complete transparency and mitigate risks.Closing the Deal and Moving In
Securing Financing and Finalizing Paperwork
Once all contingencies have been satisfied, it's time to close the deal. Work with your mortgage lender, real estate agent, and attorney to review and sign all necessary paperwork. Ensure you have the funds for closing costs, including escrow fees, title insurance, and prepaid expenses. Once everything is in order, you'll receive the keys to your new home and officially become a homeowner.Celebrating Your Achievement
Buying your first property is a momentous occasion worthy of celebration. Take the time to savor the experience and revel in the sense of accomplishment that comes with achieving this significant milestone. Whether hosting a housewarming party with friends and family or enjoying a quiet evening in your new home, commemorate this special moment.Embracing the Journey of Homeownership
Buying your first property is an exciting and rewarding endeavor that signifies a new chapter in your life. By setting clear goals, establishing a realistic budget, and enlisting the help of trusted professionals, you can navigate the homebuying process with confidence and ease. Remember to stay patient, flexible, and open-minded throughout the journey, and before you know it, you'll be settling into your dream home and making memories that will last a lifetime.From title searches to insurance, the team at Schutt Law in Fort Myers is here to guide you through the complexities of property ownership. Take the first step towards a secure future for your home. Dial (239) 540-7007 to speak to a knowledgeable agent today.
12601 New Brittany Blvd
Fort Myers, FL 33907
Phone: 239.540.7007
Fax: 239.791.1080
