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REAL ESTATE SEARCH vs. EXAMINATION

Say what?

 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;

  • Florida  statute of limitations;

  • Florida Homestead law and its impact on real property;

  • Estate - probate proceedings, testate and intestate lines of descent;

  • Case law decisions affecting real property;

  • Florida  Bar Association Title Standards.

 

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