Non-Imputation Endorsement and Florida

Is the Non-Imputation Endorsement available in Florida? Imputed knowledge can be defined as: The comprehension attributed or charged to a person because the facts in issue were open to discovery and it was that person’s duty to apprise himself or herself of them; more accurately described as knowledge. This definition confuses me, so let’s start […]

3 Easy Steps of How to Review a Survey Correctly

How sure are you that you’re properly reviewing a survey? Most lenders and sophisticated buyers require a survey to be obtained in conjunction with a real estate transaction.  The survey is provided to the title agent so that the “Standard Survey Exception” may be deleted altogether or replaced with a “Specific Survey Exception”.  The process […]

Construction Liens: 3 Protective Steps Every Homeowner Must Follow

Whether you’re a homeowner about to start construction or a title agent working to close a sale or refinance, you’re probably not maximizing your protection under Florida construction lien law.  Florida Statute Chapter 713 sets out easy steps to ensure you’ve maximized your protection under the law. Step 1: File a Notice of Commencement Florida […]

UCC and Mezzanine Financing Insurance: The Must-Know Basics

Under a traditional loan agreement, the borrower will sign a promissory note which is secured by a mortgage.  The mortgage, being in favor of the lender, is a lien and an interest in the real property.  But you already knew that.  This is the United States of America, so of course there are other (more […]

Tenancies: Revealing the Benefits of How You Can Hold Title

How many of you can name the three ways that individuals can hold title in real estate?  To refresh your memory: Tenancy in Common Let’s first start with the default tenancy.  By default I mean that if the deed into the individuals does not specifically state another form of tenancy, ownership will default to a […]

Condominium Construction? Easy, Get A Sufficient Funds Affidavit.

No one likes terminating a notice of commencement.  In the post-housing bubble economy we live in, many underwriters have made it increasingly more difficult to obtain coverage over potential construction liens.  This process typically involves lien waivers, final contractor’s affidavits and even indemnities.  So when I’m told there’s a way around this process…I listen up. […]

Trusts, Probate and Homestead Property – Oh my!

Trusts and homestead can be confusing aspects of real estate.  Introduce a death into the scenario, and things get even more confusing. To review, an individual may not grant upon death (“devise”) their homestead property to a third party if they’re survived by a spouse or minor child.  Generally, the spouse will always have at […]