Broward Florida Acquisition Title Opinion
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FAQ
The opinion of title is the legal opinion which attests to the validity of the title deed to a parcel of property. The opinion is sometimes issued in conjunction with an insuring title agency.
Evidence of title is concerned with absolute proof of the nature of real estate ownership. The three major evidences of title are: (1) an abstract and opinion, (2) title insurance, and (3) a Torrens certificate of title.
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.
While the abstract states that all the public record documents pertaining to the property are contained therein, the title opinion states the professional judgment of the attorney giving the opinion regarding the vesting of the title and other matters relating to the chain of title.
In Florida, an action for quiet title is a civil lawsuit usually filed by the homeowner/property owner in Circuit Court. The purpose of this action is to ask the court to declare a judgment terminating rights on parties with clouded title.
In most states, a title company cannot conduct a closing. Florida attorneys act as title underwriters and can provide both legal representation and title insurance. Florida buyers can also forego legal representation and obtain title insurance at closing through a title company or agency.
A quiet title action is a lawsuit in which the plaintiff asks the court to declare that the plaintiff has sole legal title to a piece of property. In the lawsuit, the plaintiff should name any person or entity that might possibly have an ownership claim to the property as a defendant.
The general warranty deed is the standard instrument for home sales. Your notarized warranty deed is proof of ownership, and that the grantor transferred complete and clear title to you. A quitclaim deed also proves full land ownershipif the person who conveyed the interest to you had full ownership.
The costs involved in filing a quiet title action in Florida include such things as the Court required case filing fee which ranges between $300 and $450, depending on the county in which the case is filed. There are also title search charges of approximately $125 and Publication charges of approximately $150.
An Opinion of Title Letter is essentially a certification drafted by a qualified legal professional, declaring that a property's chain of ownership is clear of any hidden issues or encumbrances.