PROPERTY TAXES
WHO PAYS TITLE INSURANCE IN PALM BEACH COUNTY
While closing costs are always up for negotiation, who pays for title insurance is usually dictated by county standards. Typically, the seller chooses the closing agent and pays for title insurance in Palm Beach County. In Broward and Miami-Dade County, the buyer selects the closing agent and pays for the title insurance premium. While this division of closing costs is typical, at the end of the day, the contract will determine if the buyer or seller selects the closing agent and pays for title insurance.
Take a look at Paragraph 9 of the Florida Realtors/Florida Bar Residential Contract For Sale And Purchase to determine who is paying for title insurance:
It’s important to note that the owner’s title policy protects the buyer against title defects. If the buyer is financing their home purchase, a loan policy will also be required to protect the lender against title defects. While who pays for the owner’s policy differs by county, it is very rare for the seller to cover the lender’s title policy regardless of the county. A title insurance premium is a one-time fee and the policy is good for as long as the buyer or their heirs retain the property. The lender’s title policy is effective for the life of the loan.
CLOSING AGENT DECIDED BY SELLER
Typically, the seller picks who will prepare the final settlement statement and facilitate the closing in Palm Beach County. The closing company must be efficient, organized, meticulous, and thorough. Their job is to make sure everything is cleared on the property before the title is transferred.
COMPLETE THE FOLLOWING
YOUR CLOSING AGENT NEEDS TO COMPLETE THE FOLLOWING:
ORDER TITLE SEARCH, PUBLIC RECORDS, AND REVIEW
This confirms the title is clear for the sale. This step verifies there are no judgments, liens, bankruptcies, or payoff amounts on existing mortgages. This step goes deep into the title’s past and combs through looking for any irregularities. The search will find if there are any hidden obstacles such as illegal deeds, missing heirs, missing wills, forgeries, or any discrepancies on the property held from former mortgages. Any errors in public records need to be cleaned up as well.
ORDER SURVEY OF PROPERTY BOUNDARIES
A survey provides a multitude of significant information. It clearly determines the property lines and lists the details about construction done to improve the property. Other information outlined in a survey includes the location of all easements, requirements for building on the land, and it discloses to what extent portions of the land are public versus private. Even if the current sellers have one, it is best practice to perform a current land survey. The buyers may want to build add ons, make improvements, add fencing, or have a shed. An updated survey will confirm they are able to make their dreams come true. The seller or neighbors may have made problematic changes. If any alterations done by the neighbor impends over the seller’s property line, this can be an issue. Furthermore, title insurances may take an older survey, but the outdated survey may negatively affect claims in the future.
ORDER PAID TAX RECEIPT AND ESTOPPEL LETTER FROM HOME OR CONDO ASSOCIATION
The closing agent will obtain a “Paid Tax” receipt from the Palm Beach County Property Tax Collector. This shows the prorated taxes for the year being paid by the seller. Palm Beach County is filled with micro-communities that have private governing bodies, either homeowners or condo owners associations. The estoppel letter confirms all payments are up to date, and there are no unpaid dues.
ALL DUE DILIGENCE FOR THE CLOSING
Closing agents are responsible for addressing most issues surrounding the closing. They are to receive and review lender documents and ensure they are properly executed and signed. Their job is to make sure the title is clear, and handle the title commitment. They dot the i’s and cross the t’s to make sure nothing is missed
DECIDED BY SELLER
TITLE AGENCY VS. ATTORNEY, DECIDED BY SELLER
Do your research on the closing companies you are looking into. Make sure they are reputable, have excellent reviews, and have a great track record. Have a look at what is involved with the home sale. If there are complicated situations, it may be best to have an attorney involved to cover the legal aspects. Attorneys are able to review real estate contracts, settlement statements, and any other paperwork from the legal side of it. Successful attorneys have an eye for paperwork, due diligence, and are able to draft legal documents to fit your needs. Real estate attorneys provide protection, counsel, and explanations of complicated contractual jargon.
Often times real estate brokerages may have a preferred title company. This is beneficial as if there are any issues, the title specialist is held not only to your expectations but to the entire real estate brokerage. Communication is smoother, and title companies are oftentimes backed by an attorney. Sometimes, they are less expensive than attorneys. Do your research on each company, and check with your licensed experienced realtor.