Southern Sun Title Company
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Customs and Practices
Certificate of Use (Miami-Dade County)
Clerks of Court
Code Enforcement Liens
Deed Consideration
General FL Title Information
Homestead Property
Investment Property
Judgment Searches
Miami-Dade Certificate of Use Ordinance
Notice of Commencement
Reissue Rate
Residential Lien Assessment Requirements
Second Home property
Short Form Loan Residential Policy
Statute of Limitations
Statutory Interest Rates
Survey
Tenants in Foreclosure
Title Insurance Rates
Transactions with Corporate Entities
Billing
Closing Fees
Community Property State?
Conveyance Instruments
Customary Closing Entity
Deed Transfer Tax
Dower & Curtesy?
Duration of Commitment
Foreclosure
Forms
Homestead Laws
Leasehold Tax?
Mortgage Tax?
Policy Premiums
Power of Attorney use?
Property Taxes
Recording Fees
Redemption Period after Sale?
Special Statutes for Non-resident Sellers?
Survey Charges
Title Search & Examination
Please see attached bulletin in regard to the required issuance of a Certificate of Use on the sale of foreclosed property in Miami-Dade County. Visit this link.
Visit this link for contact information for all FL Clerks of Court.
Can be a lien on the property w/ the violation or on any property owned by the violator. Such lien attaches to ALL properties of owner in subject county, and not just the property in violation. For property with the violation, both a release of the lien and a confirmation that violation has been cured must be obtained. For other properties only a release of subject property from the lien is needed.
The consideration may, but need not, reflect the entire purchase price. Typically it is stated as a nominal amount, usually $1.00 or $10.00 "and other good and valuable considerations."
Spouse must join in conveyance documents even if he/she is not in title, and in such case mortgage to state "John Doe, joined by Mary Doe, his wife". If spouse does not join, mortgage must be corrected, re-executed and rerecorded. For non-homestead properties, a non-homestead clause should appear on the mortgage and a Non-homestead Affidavit should be recorded.
Recorded documents must include clause stating borrower's resident address.
If owner states that judgments on a judgment search are not against him/her, they need to sign a Judgment Affidavit (identifying each lien), to be recorded.
For refinances: Run judgments on borrower(s).
For purchases: Do not have to run judgments on buyer(s) (because purchase money mortgages have statutory priority over judgment liens, even if a judgment lien is recorded prior to the mortgage).
The Ordinance raises additional requirements for any person acquiring title to a residential property. In particular, the Ordinance requires the Title holder to obtain a Certificate of Use from the Miami-Dade Dept. of Planning and Zoning prior to offering the residence for sale. Please see attached bulletin for more details.
Must be terminated before insuring a purchase or refinance. For improvements completed more than 90 days, affidavit to be signed. For improvements completed less than 90 days, see attached instructions. All forms mentioned can be found in the Forms Library.
Prior policy required to apply credit.
Please see attached bulletin in regard to Residential Lien/Assessment Requirements for Condominium Associations, Homeowners' Associations and Counties/Municipalities.
Spouse must join in conveyance documents.
Please see attached bulletin for instructions and search/examination requirements for the issuance of short form residential loan policies.
Judgments entered before 06/30/1994: 7 years Judgments entered after 06/30/1994: 10 years (unless rerecorded)
For the year 2011: 6% per annum on judgments and decrees.
Necessary for all transactions in order to delete the survey exception. An old survey can be used together with an affidavit from the current owner that nothing has changed on the property or neighboring property since date of such survey.
For rental properties foreclosed on or after 05/20/09, a "bona fide" tenant shall receive at least 90 days notice before they may be evicted. Please see attached bulletin for more information.
Set by Office of Insurance Regulation. Visit here for more information.
Must be in Good Standing in domiciled state, does not need authorization to conduct business in FL.
At closing
Buyer pays mortgage tax; seller pays deed tax
No
Statutory warranty deed; content requirements include two witnesses (non-interested parties) and acknowledgement with notary. Deed missing witnesses' signatures must be re-recorded unless 5 years have passed.
Title insurers, title agents and attorneys.
Documentary tax (Plus surtax in Dade County). Paid by buyer or seller, as determined in sales contract.
Abolished
6 months
Usually judicial. Minimum three months
Licensed by American Land Title Association. Visit here for more information.
Constitutional & statutory provide limited exemption from judgment
No
Yes; Documentary Stamp Tax, non-recurring Intangible Tax
Owner's Policy Premium: Usually paidy by seller; negotiable Loan Policy Premium: paid by buyer
Yes with same formalities as document to be executed. Limitations for powers over 90 days old and for certain homestead properties
Levied annually on 11/1 and due without penalty by 3/31. 4% discount if paid in Nov., 3% if paid in Dec., 2% if paid in Jan. and 1% if paid in Feb. Such taxes usually paid by seller, but subject to negotiation.
Negotiable. Seller customarily pays to record deed and buyer pays mortgage related recording fees. Custom also varies by area.
Yes. Usually ends upon issuance of certificate of sale, with exceptions
None
Negotiable, but customarily paid by buyer
Search back 30 years (or until owner's policy; if available). Costs usually paid by seller, but subject to negotiation.
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