Closing Property Title With Mortgage In Miami-Dade
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FAQ
In most Florida counties, the seller pays title insurance and therefore gets to choose the title company. This is with the exception of Broward, Collier, Sarasota, and Miami-Dade counties where the buyer typically covers title insurance and therefore gets to choose the title company.
This requirement of the Florida constitution is referred to as 'joinder of spouse' and simply means that the non-owner spouse must sign the deed or mortgage for it to be valid. Joinder of spouse is required even if the other spouse isn't a co-owner of the property and/or is no longer residing on the property.
Generally speaking, the person who inherits must either assume the mortgage and start making payments or arrange to sell the property. When multiple heirs agree to assume the mortgage, they become co-borrowers and continue making mortgage payments.
In most real estate closings, the seller is responsible for providing the deed that is signed at closing. A seller can allow a buyer's attorney to prepare the deed or the seller can retain a Daytona real estate attorney to represent the seller during the real estate closing process.
There are four different ways to hold title in real property in Florida: (1) tenants in common; (2) joint tenancy; (3) joint tenants with right of survivorship; and (4) tenancy by the entireties.
Satisfaction of Mortgage or Release - Book and page of the original mortgage that is being satisfied or released. - Signature by the holder of the mortgage. - Notarized and properly acknowledged. - Prepared by: Individual name and address.
Documents are recorded at the Clerk of the Courts, MIAMI-DADE COUNTY RECORDER, COURTHOUSE EAST, 22 N.W. First Street, 1st Floor, Miami, FL 33128. You can record the Notice of Commencement by mail. The original Notice should be sent to the County Recorder, P.O. Box 011711, Flagler Station, Miami, Florida 33101.
You have three options for recording your documents in the Official Records: You can bring your original documents in person, along with the appropriate fees, and a self-addressed stamped envelope to the Miami-Dade County Courthouse. You can eRecord your document through one of our approved vendors.
Public Records Requests However, if you are unable to locate the records online, you may submit a Public Records Request form. This form may be submitted by mail to Records Management, Miami-Dade County Clerk of Courts, P.O. Box 14695, Miami, FL 33101 or by email to cocpubreq@miamidade.
