Phone: 239.540.7007
Title Insurance
From crafting compelling listings to leveraging digital platforms, discover strategies and essential tips for marketing a property effectively in this post by Stewart: Schutt Law in Fort Myers

Selling a property is a significant undertaking, and effective marketing is crucial in attracting...
Inheriting a property can be both a blessing and a challenge. Learn the essential steps and considerations to confidently navigate the process in this post by Stewart: Schutt Law in Fort Myers.

Inheriting a property is a significant life event that can come with a mix of emotions, from the...
Discover the essential role of a real estate lawyer in your property dealings. In this post by in this post by Stewart: Schutt Law in Fort Myers, learn how these legal professionals protect your interests from due diligence to closing.

Buying or selling real estate can be a complex and...
Discover crucial home safety upgrades to protect your loved ones. Learn how to enhance your home's safety, from smoke detectors to first aid kits, in this post from Stewart: Schutt Law in Fort Myers

In a world where your home is your sanctuary, prioritizing the safety and security of your...
Discover essential techniques for staging a commercial space effectively. Learn how to attract tenants and maximize its potential with these staging practices from Stewart: Schutt Law in Fort Myers.

Staging a commercial space for potential tenants involves more than just arranging furniture –...
Discover the importance of commercial property maintenance in this post by Stewart: Schutt Law in Fort Myers and how it can help ensure your investment's longevity, functionality, and appeal. 

Commercial property maintenance plays a vital role in preserving the value and attractiveness of your...
Discover the importance of effectively screening potential buyers for your property sale to ensure a smooth and successful transaction. Learn the key steps from Stewart: Schutt Law in Fort Myers.

The Significance of Buyer Screening in Property Sales

When it comes to selling your property,...
Large property maintenance is critical to the upkeep of commercial and residential properties. Learn about the key aspects of maintaining your property in this post by Stewart: Schutt Law in Fort Myers.

Maintaining a large property is no small task, but it is critical to the success of any...
Hiring a home inspector can save you from costly repairs and maintenance issues. This article by Stewart: Schutt Law in Fort Myers teaches the benefits and importance of hiring a professional home inspector.

Hiring a home inspector should be at the top of your to-do list if you plan to buy or...
Depersonalizing your home is an important step in preparing it for sale. Learn how to remove personal touches and make your home more appealing to potential buyers in this comprehensive guide by Stewart: Schutt Law in Fort Myers

When selling your home, you want to make it as appealing as...
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