Please note: When a title with two owners is joined by “or,” and one owner wants to remove their name, that owner becomes the seller, and the second owner becomes the purchaser in the transfer section of the title. A new title is then issued.
(iSeeCars) – A car's title represents legal ownership of a vehicle, but not all car titles are created equal. The most common category of title is called a “clean title” or “clear title” because it represents a clean, straightforward vehicle with no additional conditions or negative traits.
In Florida, to ensure that real estate has clear title is achieved by filing a court action for quiet title. While title insurance policy does offer protection for the policy holder against claims brought by those claiming a right to the property, the policy does not have any effect on establishing clear title.
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.
Online Transfer Process Access the DHSMV Web Portal: Visit the Florida Department of Highway Safety and Motor Vehicles (DHSMV) website to initiate the online title transfer. Complete the Application: Fill out the Application for Certificate of Title online.
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.
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.
However, in some counties, including Collier County, Sarasota County, Broward County, and Miami-Dade County, the buyer typically pays. Again, this is not a set rule – buyers can always try to negotiate.
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.
The most common approach has sellers covering the costs of title searches, insurance, and broker fees while buyers handle the costs of property inspections and appraisals.