Title Insurance Issues & Real Estate Closings
The team at Almazan Law handles a full range of title insurance issues, as well as residential and commercial real estate closing matters on behalf of clients located throughout Palm Beach County and the surrounding areas. Founded in 2009, our firm has assisted individuals, businesses, lenders, and other parties in complex title insurance, closing, and real estate litigation cases statewide. We provide highly personalized and aggressive legal services that are tailored to meet the unique legal and budgetary needs of our clients.
Almazan Law offers virtual and mobile title insurance and closing services, including 24-hour assistance with real estate closing-related matters and comprehensive notary services. Our bilingual attorneys and staff provide support in both English and Spanish, and we offer several alternatives to traditional hourly billing plans in order to provide more flexible, cost-effective solutions for our clients.
Understanding Title Insurance in Florida
The primary purpose of title insurance is to protect residential and commercial property owners, as well as lenders, against third-party claims involving unforeseen title issues. Title insurance helps eliminate risks and prevent losses by covering title defects related to various past events, including issues with ownership, inspections, land use, and the property itself.
In Florida, there are two categories of residential title insurance:
- Loan Policies: Lenders, along with entities that purchase loans, typically require loan policies as a means of covering potential unforeseen problems with titles. Loan policies generally cover the full amount of the loan on real property, as opposed to the purchase price, which is typically covered by an owner’s policy. Loan policies can be used to ensure that the lender’s lien is valid, enforceable, and takes priority over other liens.
- Owner’s Policies: An owner’s policy offers coverage for a variety of title issues and risks, such as false claims by third parties, encroaching neighboring structures, and more. Available for a one-time payment (paid at closing), owner’s policies are valid and enforceable for as long as the policyholder and/or the policyholder’s heirs own the covered property. Similar to loan policies, owner’s policies can provide additional and extended coverage.
Almazan Law assists clients with both loan policies and owner’s policies. To date, our firm has handled more than $1 billion in covered title insurance issues. We utilize the full resources and skillset of our entire team to provide our clients with a high level of service, as well as to meticulously review, examine, and issue title insurance policies, endorsements, and commitments.
How Our Title Insurance & Closing Professionals Can Help
At Almazan Law, we have a team of professional agents who are authorized to review a variety of title insurance commitments, as well as issue policies and endorsements.
We handle all types of title insurance, closing, and settlement matters, including but not limited to:
- Title insurance examination
- Corrective property ownership matters
- Estoppel requests
- Separation of title
- General counsel regarding existing title on potential purchases
- Clearance of encumbrances
- Assessment of documentary stamps
- Refinance and purchase transactions
- Removing private, municipal, and IRS liens on real property
- Preparing closing documents
- Reviewing contracts and closing instructions
- Paying prior mortgages
- Scheduling property inspections
- Depositing loan funds
- Preparing and reviewing HUD-1 settlement statements
- Notary services
We offer 24-hour-a-day mobile closing services, as well as remote title insurance and closing services throughout Florida. Wherever you are located, and whatever services you may need, our Palm Beach title insurance and closing attorneys are committed to making the process as efficient, convenient, and cost-effective as possible.
Get in touch with us today at (305) 376-7607 or contact us online to set up an appointment for a complimentary consultation. Hablamos español.
A title search and exam is the first, and arguably most critical, step in the title insurance process. During the title search and exam, skilled title professionals carefully review various public records and documents—such as liens, tax records, court orders/judgments, utility assessments, and certain property characteristics, including the property’s location, zoning issues, surveys, improvement types, and more—to reveal any title defects.
Potential title defects include:
- Easements: An easement refers to a third party’s legal right to use a property, even though they are not the owner of the property. For example, a utility company, such as an electric or natural gas company, may have an easement on a property that allows them to enter a property in order to access utility lines.
- Encumbrances: Also known as a “financial encumbrance,” an encumbrance refers to any type of claim or issue that affects the transferability of a real property or restricts its use. This includes both easements and liens, as well as zoning and land-use laws, leaseholder rights, and homeowners’ associations’ restrictive covenants.
- Liens: A lien is a claim made by a third party against an asset, such as a home or commercial property, to use said asset as collateral for outstanding debts. Liens may be placed on real properties by a variety of third parties, such as construction companies, contractors, lenders, and even tax authorities.
During the initial title search and exam, the title company’s professionals review the aforementioned public records and documents to reveal the presence of these and other title issues (often referred to as “clouds”). Once revealed, these issues may be resolved through the efforts of the title company and/or the cooperation of both the buyer’s and seller’s agents. However, some title defects may be substantial enough to disrupt the sale of the real property, which could lead to further legal action, including litigation.
- Over $1 Billion in title insurance policies issued
- Nationally Certified, Minority-Owned Law Firm
- Decades of Experience
- Helping Clients In Miami and Beyond
- Available In Person & Virtually
“Almazan Law - Always a pleasure, we've been at this for years now! You're always at the top of our list!”Nicole Rodriguez
“I am extremely impressed with the work Alex and his team have done.”Jenny Gyde
“May I say it is a pleasure dealing with you and your company so far. You are so much better than many of the large corporate entities I have to deal with. Keep it up and have a good day.”Mark Lentz