Legal FAQs

How Much Does Title Insurance Cost?

Title insurance generally costs 2% to 4% of the purchase price, but every state regulates what insurers may charge, so rates vary widely. Endorsements a lender requires can add further to the premium.

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Real Estate

How Does an LLC Agreement Facilitate Asset Protection and Probate Avoidance?

An LLC operating agreement keeps personal assets separate from business assets, maintaining the corporate veil. It can also pass a member's interest directly to a named beneficiary, avoiding probate.

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Real Estate

What Actions Are Taken If Title Defects Are Discovered Post-Closing?

Title defects discovered after closing often have to be resolved in court, where each side presents evidence of who holds clear title. A real estate attorney can handle both the search and the dispute.

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Real Estate

What Are the Purposes of Title Insurance?

Title insurance is a special kind of title warranty that protects real estate title owners and lenders from losses caused by defects in the title.

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Real Estate

What Is a Satisfaction Of Mortgage?

Paying off a mortgage or refinancing loan is a major milestone for home and property owners. However, the simple act of sending in a final payment is not enough to remove a lien on the title in the public records.

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Real Estate

What Is a Special Warranty Deed?

A special warranty deed transfers Florida real estate with a limited guarantee: the seller warrants clear title only for the period they owned the property, not for problems created by an earlier owner.

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Real Estate

What Is a Title Search?

A title search involves checking records to make sure there are no liens on the title, bankruptcy filings, or defects with the title, and if you are buying, selling, or transferring property.

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Real Estate

What Is a Trustee, Guardian, And Personal Representative Deed?

If you are a trustee of a trust, a personal representative of an estate, or a guardian for an individual, you may be in a position where you need to transfer real property of another.

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Real Estate

What Is an Affidavit Of Death Certificate?

A Florida Affidavit of Death is a sworn written statement that a death occurred. It does not replace a certified death certificate, but some institutions accept it to close accounts or transfer real estate.

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Real Estate

What Is an Affidavit Of Deed?

An affidavit of deed is a sworn statement by the seller confirming the sale of a property and its date. It protects the grantor from later claims, liens, or back taxes if the deed was never properly recorded.

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Real Estate

What Is an Easement Deed?

A Florida Easement Deed is an easement granted by the property owner to a third party. This gives that party a legal right to use or have access to your land.

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Real Estate

Why Are Title Searches Important For Sellers, Buyers, And People Who Transfer Deeds To Related Parties?

Titles searches are important for:

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Real Estate

Are Foreign Principals Permitted to Own Property Near Military Bases?

Senate Bill 264 bars foreign principals from buying real property within 10 miles of a military installation or critical infrastructure. Owners from before July 1, 2023 must register with the DEO.

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Real Estate

How Does Senate Bill 264 Affect the Purchase Of Agricultural Land?

Section 5 of Senate Bill 264 bars foreign principals from buying Florida agricultural land, and buyers must sign an affidavit that they are not one. Existing owners may keep their land but must register.

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Real Estate

What Is Senate Bill 264 in Florida?

Senate Bill 264, effective July 1, 2023, limits and regulates the sale, purchase, and ownership of certain Florida property by foreign principals, including agricultural land and land near military installations.

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Real Estate

What Restrictions Apply to the People's Republic of China (PRC)?

Section 7 bars persons and entities associated with the PRC from buying or owning Florida real estate and requires an affidavit. Those who owned property before July 1, 2023 may keep it but cannot acquire more.

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Real Estate

Is It Possible to Will a House with an Existing Mortgage?

Yes. In Florida a house can pass by will to a named beneficiary even with a mortgage on it, but unless the will says otherwise the estate does not pay the loan off. It stays with the property.

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Real Estate

What Is Common Law in Real Estate?

In real estate, common law is the body of legal principles built up over time through judges' rulings in individual cases rather than written statutes. It adapts to new circumstances but can be unpredictable.

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Real Estate

What Is the Cost to Add Someone to a Deed?

Adding someone to a deed usually takes an attorney about an hour, plus third-party costs such as recording fees, taxes, or estoppel fees. The exact cost depends on your circumstances.

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Real Estate

Who regulates medical offices in Florida?

The Medical Board of Florida licenses medical professionals, investigates complaints, and disciplines those who violate the law. Its committees cover specific practice areas and unprofessional conduct.

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