Title Search and Title Insurance in Miami

Arturo R. Alfonso P.A. reviews title for buyers, sellers, and owners of Miami-Dade property, in English and Spanish. This page explains how the firm works through the title search, the title commitment, and the clearing of any problems before closing, and what you can expect to receive at each step.

For a plain explanation of what title insurance covers and the difference between an owner’s policy and a lender’s policy, see our guide What is title insurance and do I need it in Florida? For the defects a search usually turns up, see What are common title defects and how are they fixed?

Why the Public Record Matters in Florida

Florida is a recording state. Under Section 695.01, a deed, a mortgage, or a lease of one year or longer that is not recorded is not good against creditors or later purchasers who pay value without notice of it. That is why a title review starts with the Official Records kept by the Miami-Dade Clerk of the Court and Comptroller, where deeds, mortgages, liens, judgments, and lis pendens affecting the property are filed.

Unpaid property taxes are checked separately. Under Section 197.122, Florida property taxes are a first lien, superior to all other liens, from January 1 of the year they are levied until they are paid. We confirm the tax status of the parcel for the current year and any prior year before the figures are final.

Step 1: The Search

Once a contract is signed, the title search is ordered. Florida law does not let a title insurer issue a commitment or a policy until it has caused a determination of insurability to be made, based on a reasonable title search (Section 627.7845). The search traces the chain of ownership and lists the open mortgages, recorded liens, judgments against the owners, easements, and recorded restrictions.

Some charges that matter to a buyer do not live in the Official Records, such as an open building permit or an unpaid utility account. Where the property calls for it, we also ask for municipal lien and permit information, so these items surface before closing instead of after.

Step 2: Reading the Title Commitment With You

The search results come back as a title commitment: the insurer’s written offer to issue a policy once stated conditions are met. We go through it with you section by section:

• The proposed insured and the amount. We confirm that the buyer’s name, the lender’s name, and the policy amounts match the contract and the loan.
• The legal description. We compare it to the deed into the seller and to any survey, because a wrong lot, block, or unit number carries forward into every document after it.
• The requirements. These are the items that must be satisfied before the policy issues: payoffs, releases, signatures, and recorded documents. Each one becomes a task on our closing checklist.
• The exceptions. These are the matters the policy will not cover, such as recorded easements, a condominium declaration, or HOA restrictions. We explain each exception in plain terms and flag any that could affect how you plan to use the property.

Step 3: Clearing What the Search Finds

When a requirement cannot be met by a routine payoff, we tell you what it will take and whether it puts the closing date at risk. Typical work includes obtaining a satisfaction for a mortgage that was paid but never released, a corrective deed for an error in a prior conveyance, an affidavit that explains a gap in the record, or a signature from a person who holds a stray interest. When a deceased owner’s estate was never administered, the sale may need an order from the probate division of the Eleventh Judicial Circuit, which hears probate matters for Miami-Dade County; see Can I sell a house in probate in Florida?

Older history can matter less than people expect. Under Florida’s Marketable Record Title Act, a person whose chain of record title runs back 30 years or more generally has a marketable record title (Section 712.02), although Section 712.03 preserves several kinds of interests, including utility easements, the rights of persons in possession, and properly preserved claims. Whether an old recorded item still has to be addressed is a question we answer for the specific property. If a claim cannot be cleared by agreement, the remedy is usually a quiet title action filed in the Eleventh Judicial Circuit, which is a separate engagement.

Step 4: The Policy After Closing

Florida title insurance premiums are specified by a rule adopted under Section 627.782, so the base premium does not depend on which agent issues the policy. If you are financing the purchase, the lender will require its own policy. Section 627.798 calls for a form notice telling a borrowing buyer that the lender’s policy does not protect the buyer, and we make sure you decide about an owner’s policy before closing, not at the table.

After the deed and mortgage are recorded with the Clerk, the final policy issues. Keep the recorded deed and the owner’s policy with your closing file; a prior policy can help the next title search when you sell or refinance.

What to Send Us

• The signed contract with every addendum.
• Your prior owner’s title policy and survey, if you are selling and have them.
• Any lien, code enforcement notice, or court paper you have received about the property.
• If a prior owner has died or divorced, the death certificate, will, or final judgment you have.

Every closing also runs on the contract calendar, the association paperwork, and the closing figures; our page on residential real estate closings in Miami walks through those stages.

Related Pages

• Real Estate Law in Miami
• What is title insurance and do I need it in Florida?
• What are common title defects and how are they fixed?
• What is a lien and how does it affect selling my home?
• Warranty deed vs. quitclaim deed: what is the difference?