SCHUTT LAW FIRM, P.A.
Phone: 239.540.7007
YOU ARE HERE: HOME / REAL ESTATE
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
Protect your Florida winter escape with proper second home title insurance from Stewart: Schutt Law in Fort Myers.
Heading south for the winter represents more than escaping frigid temperatures—it's embracing a lifestyle that countless snowbirds cherish. Whether purchasing your first Florida property or owning a winter retreat, understanding second home title insurance ensures your seasonal paradise remains protected year-round.
Understanding Title Insurance for Seasonal Properties
Second home title insurance differs from standard homeowner's insurance in crucial ways. While your regular insurance covers physical damage to structures, title insurance protects your ownership rights and shields you from past claims against the property. This distinction becomes especially important for snowbirds who may not discover title issues until months after purchase.
Title insurance provides one-time protection that lasts as long as you own the property. Unlike other insurance policies requiring annual premiums, you pay once at closing and receive permanent coverage against title defects that existed before your purchase date.
Common Title Issues Affecting Snowbird Properties
Seasonal properties face unique title challenges that can surprise out-of-state buyers. Previous owners might have accumulated liens during months when properties sat vacant. Unpaid homeowners association fees, contractor liens from incomplete repairs, or tax issues can cloud your title without your knowledge.
Fraudulent sales represent another concern for snowbird property protection. Scammers sometimes target vacant seasonal homes, attempting to sell properties they don't own to unsuspecting buyers. Without proper title insurance and a thorough title search, you could lose both your investment and your winter sanctuary.
Contact Schutt Law in Fort Myers, FL at (239) 540-7007 to ensure your snowbird property receives comprehensive title protection before closing.
Special Considerations for Out-of-State Buyers
Purchasing a Fort Myers vacation home while residing in another state creates additional complexities. You might not have local knowledge about:
- Previous flood damage affecting the property
- Neighborhood association restrictions
- Pending municipal assessments
- Historical property line disputes
Out-of-state owner protection through comprehensive title insurance becomes your safety net against these unknowns. Professional title searches uncover hidden issues that could otherwise surface months or years after purchase, potentially costing thousands in legal fees and settlements.
The Title Search Process for Seasonal Homes
Title professionals examine decades of property records, searching for potential claims or defects. This process includes reviewing:
- Deed history spanning multiple ownership transfers
- Court records revealing judgments or divorces affecting ownership
- Tax records showing payment histories and potential liens
- Survey discrepancies identifying boundary disputes
- Mortgage satisfactions confirming previous loans were properly closed
Each element requires careful examination, particularly for properties that change hands frequently or sit vacant for extended periods.
Protecting Your Investment Year-Round
Seasonal resident property owners face unique risks during months away from Florida. Title insurance provides peace of mind knowing your ownership remains secure regardless of your physical location. This protection proves invaluable when:
- Neighbors dispute property boundaries while you're away
- Previous owners' creditors attempt claims against your property
- Errors in public records surface years after purchase
- Forged documents emerge, challenging your ownership
Your title insurance policy defends against these claims, covering legal fees and valid settlement costs up to your policy limits.
Trust the expertise of Schutt Law in Fort Myers, FL for comprehensive second-home title insurance solutions. Call (239) 540-7007 to discuss your snowbird property needs today.
Enhanced Owner's Policies for Maximum Protection
While lenders require basic title insurance, but enhanced owner's policies offer snowbirds additional protection. These policies typically cover:
- Post-purchase permit violations from previous owners
- Structural encroachments discovered after closing
- Enhanced access coverage ensuring legal property entry
- Expanded coverage amounts accounting for property appreciation
The relatively small additional premium for enhanced coverage provides substantial extra protection for your seasonal investment.
Building Your Snowbird Property Protection Strategy
Creating comprehensive snowbird property protection extends beyond title insurance alone. Consider establishing:
- Local property management relationships for year-round oversight
- Automated bill payment systems preventing lien accumulation
- Regular property inspections identifying issues early
- Strong relationships with trusted local professionals
These elements work with your title insurance, creating multiple protection layers for your winter home investment.
Making Your Florida Dream a Reality
Purchasing your perfect winter retreat should bring joy, not worry about potential title problems. Professional title services ensure your Fort Myers vacation home purchase proceeds smoothly, protecting your investment from day one.
Experienced title professionals understand the unique needs of seasonal residents. They coordinate with out-of-state parties, accommodate remote closing options, and ensure all documentation meets Florida and your home state requirements.
Partner with Schutt Law in Fort Myers, FL at (239) 540-7007 for seamless title insurance services tailored to snowbird property owners. Protect your slice of paradise with confidence.
12601 New Brittany Blvd
Fort Myers, FL 33907
Phone: 239.540.7007
Fax: 239.791.1080
