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
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.
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.
Why hire Freelance Title Search? Simply stated, I am not just a title searcher, I am an examiner, consequently a higher quality search product.
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."
The humor in the joke, like in most jokes, is not far from the truth.
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 title examiner, 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.