Frequently Asked Questions
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A title company helps make sure the property you're buying actually belongs to the person selling it and that there are no legal issues tied to it.
They do this by doing a "title search", which means they check public records for things like:
Who really owns the property
If there are any unpaid taxes
If anyone has a lien (like a debt) attached to it
If there are any court judgments against the property
Once the title company finishes their research, they issue a “title commitment” — a document that shows what they found and what needs to be cleared up before the sale can close.
After everything checks out, the title company provides title insurance to protect both the buyer and the lender in case something was missed during the search. They also usually handle the closing paperwork and make sure the transfer of ownership is official.
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A title is the legal right to own a specific piece of real estate — like a house or land. When you have the title, you have the right to:
Live on the property (possession)
Keep others out (exclusion)
Use it how you want (control)
Enjoy it peacefully (enjoyment)
Sell or give it away (disposition)
Titles can be transferred in a few ways — for example, through a sale, inheritance (a will), a court decision, or by law.
Whenever a title changes hands, the transfer is recorded in a document called a deed, which is then filed with the county clerk to make it official.
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Title insurance protects both the buyer and the lender from financial loss if there’s a problem with the property’s ownership history — like an unpaid lien, a hidden heir, or a recording error.
There are usually two types of title insurance:
Lender’s Policy – protects the lender’s interest in the property.
Owner’s Policy – protects the buyer’s ownership rights.
In Florida (and many other states), who pays for title insurance depends on the county or what’s negotiated in the contract.
In some areas, the seller pays for it.
In others, the buyer does.
Sometimes both parties split the cost.
Either way, it’s a one-time fee paid at closing, and it gives long-term peace of mind that the title is clear and legally yours.
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Unless you are paying for your home out of pocket, your lender will more than likely require you to purchase title insurance. It's advisable to purchase a policy to protect yourself as well. By doing so, you are protecting yourself from title defects that may give someone else claim to your property.
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Ready to Close with Confidence?
Get in touch with Penpoint Title today and let us point you in the right direction for a smooth, stress-free closing. Whether you have a quick question or need a title quote, our friendly and knowledgeable team is here to help. We’ll make sure every detail is on point for your closing day.
