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
Learn what title insurance coverage protects and what it doesn't. Schutt Law in Fort Myers, FL, explains the key differences to help homebuyers make informed decisions.
Understanding Title Insurance Coverage: What's Protected
When buying a home, you'll encounter many types of insurance, but few are as misunderstood as title insurance protection. Unlike other policies you're familiar with, this coverage protects against problems that already exist but haven't been discovered yet. Many homebuyers assume their homeowner's insurance handles everything, but that's a costly misconception. Understanding title insurance coverage —and what it doesn't—can save you from devastating financial losses down the road.
Don't navigate title insurance exclusions alone. Contact Schutt Law in Fort Myers, FL at (239) 540-7007 for personalized advice on protecting your property investment.
What Is Title Insurance and What Does It Cover?
Title insurance is a unique policy that protects property owners and lenders against financial losses from defects in a property's title. Unlike other insurance types that protect against future events, title insurance coverage safeguards against past issues that surface after your purchase. This specialized protection becomes your financial shield when ownership disputes arise, potentially saving you tens of thousands of dollars in legal fees and settlement costs.
Here's what title insurance typically covers:
- Forgery and fraud in previous property transfers
- Unknown heirs claiming ownership rights
- Liens and judgments not discovered during the title search
- Errors in public records affecting your property
- Undisclosed easements that limit property use
This protection gives you peace of mind knowing that if someone challenges your ownership, you have financial backing to defend your rights.
Title Insurance vs. Homeowner's Insurance: Key Differences
Many homebuyers confuse these two essential protections, but they serve completely different purposes.
Title Insurance Protection Includes:
- Coverage for ownership disputes and title defects
- One-time premium paid at closing
- Protection that lasts as long as you own the property
- Coverage for legal fees in title disputes
- Protection against unknown past issues
Homeowner's Insurance Covers:
- Physical damage to your property structure
- Personal belongings inside your home
- Liability for injuries on your property
- Additional living expenses during repairs
- Protection against future events like fires or storms
The key difference lies in timing: homeowner's insurance protects against future damage, while title insurance benefits protect against past problems that could affect your ownership. Homeowner's policies require annual renewals and increasing premiums, but title insurance requires only a single payment at closing.
Considering a home purchase and want complete protection? Schutt Law in Fort Myers, FL provides comprehensive title insurance services that go beyond basic coverage. Call (239) 540-7007 to ensure your property rights are fully protected and your investment remains secure.
Why You Need Both Title Insurance and Homeowner's Insurance
When title defects surface after closing, homeowners face expensive legal battles that can drain savings and threaten homeownership. Hidden ownership claims, undisclosed liens, and fraudulent transfers can cost tens of thousands to resolve. These financial disasters occur more frequently than most buyers realize, making comprehensive protection absolutely essential.
Complementary Benefits Include:
- Complete property protection from past and future risks
- Financial security for your largest investment
- Legal defense coverage for different types of disputes
- Peace of mind for comprehensive property ownership
Common Misconceptions About Title Insurance Coverage
Misconception 1: "The title search eliminates all risks." Even thorough title searches can miss hidden defects like forged documents or undisclosed heirs.
Misconception 2: "Title insurance is just another unnecessary fee." This one-time cost protects against potentially devastating financial losses that could exceed your home's value.
Misconception 3: "My lender's title insurance protects me, too." Lender's policies only protect the mortgage company, not your ownership interests.
Understanding these misconceptions helps you make informed decisions about protecting your property investment. While title insurance exclusions exist, the coverage provides essential protection that other insurance types simply cannot offer. Many Florida homeowners discover these truths only after facing costly legal battles that could have been prevented.
In Conclusion
Title insurance coverage and homeowner's insurance serve different but equally important roles in protecting your valuable property investment. While homeowner's insurance guards against future physical damage, title insurance protects against hidden ownership issues from the past. Understanding these key differences ensures you're fully protected when purchasing your home.
Secure Your Property Rights Today
Ready to protect your important home purchase with professional title insurance services? Don't let hidden title defects derail your homeownership dreams or drain your savings. Contact Schutt Law in Fort Myers, FL at (239) 540-7007 for expert title insurance services that safeguard your property investment from day one and provide peace of mind throughout homeownership.
12601 New Brittany Blvd
Fort Myers, FL 33907
Phone: 239.540.7007
Fax: 239.791.1080
