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
Schutt Law in Fort Myers, FL, provides essential guidance on identifying and resolving property title issues after hurricanes to ensure your ownership remains secure.
Have you ever wondered what happens to your property ownership after a hurricane passes through Fort Myers? Most homeowners focus on roof repairs and flood cleanup. But a hidden threat could jeopardize your property rights for years to come.
Understanding property title issues after hurricanes becomes crucial when storms create legal complications you never saw coming. Let's explore how to protect your most valuable investment.
What Hurricanes Really Do to Your Property Title
Think hurricanes only damage what you can see? Think again.
Severe storms can wreak havoc on your property title in unexpected ways. Flooding washes away fence lines and property markers. County offices lose important documents during power outages. Natural landmarks disappear, creating confusion about property boundaries.
The Hidden Title Problems After Major Storms
You've cleaned up the debris. But have you checked your property boundaries? Fort Myers storm property claims reveal surprising complications that emerge weeks or months after hurricanes pass. Emergency repairs often happen quickly, sometimes extending beyond actual property lines. Well-meaning contractors might work on neighboring land, creating liability issues.
Common property title issues after hurricanes include:
- Missing boundary markers washed away by flooding
- Unauthorized repairs that cross property lines
- Insurance liens from multiple parties with competing claims
- Permit problems when emergency work lacks proper documentation
The key? Address these issues immediately. Don't wait until you're ready to sell.
Protect your Fort Myers property investment with expert legal guidance from Schutt Law in Fort Myers, FL. Our experienced team handles complex storm-related title issues. Call (239) 540-7007 today.
Managing Insurance Claims and Title Complications
Insurance settlements can create title challenges when multiple parties have interests in the same property. For example, your mortgage company, insurance provider, and local government might all have competing claims related to storm damage.
When insurance companies require property improvements, these changes must be documented in your title records. Missing these steps creates discrepancies that complicate future transactions.
Solving Flood Damage Title Complications
Water doesn't respect property lines and that creates problems. When floodwaters reshape waterways, they redraw your property boundaries. These changes might not surface until years later during property sales or development projects.
Steps to Address Flood-Related Title Issues:
- Order a new survey if significant flooding occurred on your property
- Document pre-storm conditions with photos and previous surveys
- Check utility easements that might have shifted underground
- Review insurance policies for boundary change coverage
Taking action early prevents expensive surprises later.
Handling Boundary Disputes Like a Pro
When storms destroy property markers, neighbor relationships can get complicated fast. Post-hurricane boundary disputes happen when physical landmarks disappear. That old oak tree marking your property corner? Gone. The creek separating your yard? Now it runs 15 feet in a different direction.
Hire a professional surveyor immediately after storm cleanup. Gather historical property records and take photos of current conditions. Communicate openly with neighbors about boundary concerns.
Protecting Your Investment: Smart Strategies
You can't control hurricanes, but you can control your preparation.
Before the next storm season:
- Review your title insurance policy for storm-related coverage
- Create digital copies of all property documents
- Take detailed photos of property boundaries and markers
After storm damage:
- Document everything with photos and videos
- Keep receipts for all emergency repairs
- Update your property survey if boundaries were affected
These steps safeguard your property rights and streamline future transactions.
Don't wait for title problems to surface. Schutt Law in Fort Myers, FL, helps Fort Myers homeowners strengthen their property protection and navigate storm recovery challenges. Contact us at (239) 540-7007.
Frequently Asked Questions
Q: Does my homeowner's insurance cover title problems after hurricanes? A: Most standard policies don't cover title issues. You need specific hurricane damage title insurance for storm-related protection.
Q: How long after a hurricane can title problems appear? A: Title complications can surface months or years later, especially during property sales or refinancing.
Q: What if my neighbor claims hurricane damage shifted our property line? A: You'll need a professional survey and legal assistance to resolve boundary disputes.
Hurricane recovery involves more than repairing visible damage to your Fort Myers home. Recognizing and addressing property title issues after hurricanes with experienced legal guidance protects your ownership rights and prevents complications that emerge after storms pass.
Understanding potential title problems and taking proactive steps, you can navigate storm recovery while protecting your family's most valuable investment.
Secure your property rights and get peace of mind after hurricane damage. Schutt Law in Fort Myers, FL, provides comprehensive legal support for storm-related title issues. Call (239) 540-7007 to protect your investment.
12601 New Brittany Blvd
Fort Myers, FL 33907
Phone: 239.540.7007
Fax: 239.791.1080
