can a title company handle closings in flordia

Can a Title Company Also Handle Closings in Florida?

01 Feb 2022

When thinking of real estate transactions, the first thing that often comes to mind might be a Realtor. While it is true that real estate professionals are crucial for finding and facilitating property deals, there are other experts that you will need to rely on when purchasing properties in Florida.

There are lots of legal considerations that come with every real estate transaction, from reviewing the sales contract to ensuring that the title to the property is free and clear of any problems. Without a qualified professional to guide and advise you, there is a strong chance that you may be exposed to unnecessary costs and risk.  

Given the wide range of legal expertise that is required, you might find yourself choosing between a real estate attorney for some matters (such as drafting and reviewing the purchase agreement and conveyance documents) and a title company for issuing the title insurance policy. But why choose when you can unite the best of both worlds in a single point of contact?

An attorney-owned and operated title company can handle your closing sin Florida, while also having the capacity to resolve title matters and issue title insurance policies. 

What is a Title Company and What Does it Do?

A title company is responsible for researching the title to a property in an effort to clear any title issues, and facilitating the transfer of title from the seller to the buyer. Title is the most critical element in any real estate closing, as it constitutes all the rights to the property—to own, use, possess, and transfer it as you see fit.

Given the supreme importance of title, a Florida title company is responsible for many aspects of the transaction from start to finish, including:

  • Obtaining a lien and title search
  • Examining the title meticulously for any past or present issues
  • Issuing a detailed title commitment report
  • Issuing title insurance to protect your title to the property
  • Acting as an escrow agent to protect the funds and facilitate the transaction

Despite their wide range of vital services, many states do not permit title companies to conduct real estate closings. However, buyers of Florida property can purchase title insurance directly through a title company that also offers closing services.

Title Attorney vs. Title Company

In Florida, many people prefer to rely on a title attorney instead of hiring a standard title company. This is because non-attorney owned and operated title companies can only perform a limited scope of services compared to an attorney: In Florida, only attorneys licensed to practice law in the state can provide legal assistance and advice. Furthermore, attorneys are much better equipped to resolve title and lien issues when they arise since many of these issues involve matters of law.

Title Attorney vs. Title Company – The Verdict

Given that their services are related, you might understandably mix up a title attorney with a title company. Ultimately, the difference between the two is the scope of action: Since standard title companies cannot provide legal advice nor prepare all types of legal documents, they will not always be able to offer all the services necessary to successfully close on a real estate transaction.

For instance, a title attorney may amend a contract at the pre-closing phase to settle issues between the buyer and seller. A non-attorney title agent can generally only prepare documents integrally related to the issuance of the title insurance policy.

Thus, while a standard title company may offer a set of vital services—performing title searches, holding funds in escrow, and issuing title insurance policies, these types of companies are not able to handle or resolve all the possible legal issues that may arise in a closing transaction.

You may think it is too costly to engage the services of both a title company and a title attorney.  This is why Marina Title offers the best of both worlds – an attorney-owned and operated title company that operates throughout the State of Florida.

Avoid Unnecessary Risk – Hire an Attorney-Owned Florida Title Company

Why choose between a title company and a lawyer when you can have both? With these vital services combined, you can cover all your bases and protect all your interests. Do not take any chances – call Attorney Jennie Farshchian at (305) 901-5628 or email info@MarinaTitle.com to learn more.

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