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Title Insurance
04/11/2025

Learn about the crucial role of hiring a title company in a real estate transaction. With expert guidance from Stewart Schutt Law in Fort Myers, FL, you can protect your investment and ensure a smooth closing process.

Buying or selling a home is one of the most significant financial decisions you'll ever make. It's essential to have a trusted partner guiding you through the complexities of the process. Hiring a title company offers numerous advantages that can significantly impact your peace of mind and the overall success of your real estate transaction.

Simplify your homebuying journey with expert guidance. Let Stewart: Schutt Law in Fort Myers, FL handle the title process, ensuring a smooth and secure closing. Call (239) 540-7007 today for a free consultation.

What Does a Title Company Do?

A title company plays a vital role in ensuring a clear and marketable title to a property. Here are some of their key functions:

  • Title Search: They comprehensively search public records to identify potential claims or liens against the property. This includes mortgages, judgments, unpaid taxes, and other encumbrances.
  • Title Insurance: They offer title insurance policies that protect buyers and lenders from financial losses arising from unforeseen title defects or claims.
  • Closing Services: Title companies handle the crucial closing process, including:
  • Preparing and reviewing closing documents
  • Disbursement of funds
  • Recording the deed and other necessary documents
  • Coordinating with all parties involved in the transaction

Why Hire a Title Company?

Navigating the complexities of a real estate transaction can be overwhelming. That's where a title company steps in, providing crucial support and expertise. Hiring a title company offers many benefits, from protecting your investment to simplifying the closing process. Let's explore why partnering with a title company is so important.

  1. Peace of Mind: Knowing that a thorough title search has been conducted and that you are protected by title insurance provides invaluable peace of mind. You can rest assured that your investment is secure and you are not facing any unexpected legal challenges.

  2. Expertise and Experience: Title companies have extensive knowledge and experience in real estate law and procedures. They can navigate complex legal issues, identify potential problems, and guide you through the entire closing process with ease.

  3. Reduced Risk: A title company helps minimize risks and prevent costly delays or disputes by identifying and addressing potential title issues before closing.

  4. Streamlined Process: Title companies streamline the closing process by handling many administrative tasks, such as document preparation and coordination with other parties. This can save you time and effort, allowing you to focus on other aspects of your move.

  5. Professionalism and Objectivity: Title companies act as neutral third parties, ensuring fairness and transparency throughout the transaction. They prioritize the interests of all parties involved and strive to achieve a smooth and successful closing.

Protect your investment and avoid costly surprises. Hire Stewart: Schutt Law in Fort Myers, FL for comprehensive title services, including thorough searches and reliable insurance—call (239) 540-7007 to learn more.

The Title Company Hiring Process

Once you understand the importance of a title company, the next step is understanding the hiring process. Here's a breakdown of what you can expect when working with a title company, from initial research to the final closing:

  1. Research and Selection: Start by researching reputable title companies in your area. Read online reviews, compare services and fees, and interview potential companies to find the best fit for your needs.

  2. Order a Title Search: Once you've selected a title company, they will conduct a thorough title search to identify any potential issues with the property.

  3. Review the Title Report: The title company will provide you with a title report outlining the findings of their search. Carefully review the report and address any concerns with your attorney.

  4. Obtain Title Insurance: If you decide to purchase title insurance, the title company will issue the policy to you.

  5. Attend the Closing: The title company will coordinate the closing and handle the disbursement of funds and recording of documents.

Choosing the Right Title Company

When selecting a title company, consider the following factors:

  • Reputation and Experience: Choose a company with a strong reputation and a proven track record of success.
  • Services Offered: Ensure that the company offers all the services you need, including title searches, title insurance, and closing services.
  • Customer Service: Look for a company with excellent customer service and a commitment to client satisfaction.
  • Fees and Pricing: Compare fees and pricing from different companies to find the best value for your money.

In Conclusion

Hiring a title company is an essential step in any real estate transaction. By leveraging their expertise and services, you can protect your investment, minimize risks, and ensure a smooth and successful closing.

Experience a seamless homebuying process with Stewart: Schutt Law in Fort Myers, FL. Our experienced team will guide you through every step, from title searches to closing—call (239) 540-7007 for a personalized quote.

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