REAL ESTATE SEARCH vs. EXAMINATION
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Real Estate Title searching and title examination are different functions.
Real Estate Title Search: With respect to any given area of real estate, the title search is a systematic procedure reviewing the available public records with the goal of generating a report that can be prepared in a variety of forms depending on the search parameters ascertained from the client
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Real Estate Title Examination: This is typically associated with a title insurance risk assessment. The examination Is a procedure to review the documentary evidence for defects that can impact on the quality of the real estate title. A risk assessment is made, a report is generated, and appropriate details are typically incorporated into a Title Insurance Commitment for review by parties involved and their attorneys.
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Title Examination and Opinion of Title " An “opinion of title” is a legal document prepared by an attorney upon review of the findings set forth in a real estate title search. It is similar to the examination for title insurance. With title insurance, the title insurance underwriter assumes the risk to insure, whereas with an " Opinion of Title", the attorney is rendering a legal opinion and assumes the risk.
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Why hire Freelance Title Search? Simply stated, I am not just a title searcher, I am an examiner, consequently a higher quality search product.
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There is an old joke, "What are the job requirements to be a title searcher?" Answer: "You have to be able to count and know your alphabet."
Tthe humor in the joke, like in most jokes, is not far from the truth.
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To be truly competent in title examination takes a considerable breadth of knowledge in the application of Real Estate Law to the title examination process. One must understand surveying principles, be able to interpret metes and bounds legal descriptions; be proficient in the skill to plot legal descriptions to scale; thoroughly understand the township and range system. As a titleexaminer, I bring a high level of experience and skill in all of these areas, inclusive of knowledge of:
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The time periods that liens, judgments and other encumbrances can affect real property;
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Florida statute of limitations;
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Florida Homestead law and its impact on real property;
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Estate - probate proceedings, testate and intestate lines of descent;
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Case law decisions affecting real property;
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Florida Bar Association Title Standards.
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