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The Difference Between A Southwest Florida Homes Deed vs Title

Deed vs. Title: do you know what these terms mean? When purchasing real estate, these two terminologies may be used interchangeably. However, these two terms are not similar as they refer to two totally different legal concepts. It is essential to learn the difference between deed vs. title, before buying or selling any property.

The Difference between a South West Florida Homes Deed vs. Title

The Difference Between A Southwest Florida Homes Deed vs TitleLegally, a deed is a written statement of property used to convey or confirm the rights of ownership of a property between two individuals; a grantor (‘initial’ owner of the property) and a grantee (the person buying the property or acquiring ownership rights of the property). It is a legal document which transfers title from one person to another. According to the Statute of Frauds, it must be a written document. Deeds must be recorded in the courthouse or registrar’s office in most states; however, failure to file them does not affect the transfer of title.

On the other hand, a title refers to legal ownership of the property. It is not a physical document, but a concept referring to your right to use the property in any manner you please, as long as it is in accordance with the law of your state. Similarly, a title means you may opt to transfer your interest of the property you own to others discretionary. Nonetheless, you cannot transfer more than your own.

How to Acquire a Deed and Take Title of a Property

Once you have understood the difference between deed vs title, here are the steps to follow to acquire a deed and take the title of a particular property.

1. Title Search

To acquire a legal title and deed document, your lender will first conduct a title search to ascertain the lender has the right to transfer the ownership of the property to you, and there are no liens against it. Once the title search has been conducted and everything comes out clear, the seller and the buyer can then sign the contract, after fulfilling their contractual obligations, confirming or conveying ownership rights of the property to the buyer. Only then does the buyer become the legal possessor of the property.

Consequently, the title or escrow company will ensure the deed is filed in the relevant authority’s office and you should get a notification a few weeks later confirming your deed was recorded. If not, liaise with the professional who did the paperwork on your behalf and find out what is causing the delay.

2. Title Insurance

In certain occasions, there is an occurrence of title problems such as missed liens and other legal issues which might be very costly, that may pop up later, even after you acquire your deed document. To protect the buyer from any additional costs and financial losses, there exist two types of title insurances. They are:

  • Owner’s title insurance
  • Lender’s title insurance

An owner’s title insurance protects a buyer from instances that may have happened in the past, such as fraudulent titles issued in the past, unpaid liens against the real estate, or third party claims of real ownership of the property, which may put their financial interest at risk.

A lender’s title insurance is often required when getting a mortgage loan in order to secure the lender’s investment from any title problems. It typically protects the lender’s property until the mortgage is paid off.

Conclusion

After comprehending the concept of deed vs title, you can now proceed to purchase your real estate. It is advisable to have a sit down with a legal professional or your real estate agent to fully comprehend how to go about purchasing a Southwest Florida Home. A knowledgeable and trusted representative when making such dealings is extremely advantageous especially in matters concerning deed vs. title.

Is It A Buyers Market Or A Sellers Market?

If you have been paying attention to the housing market recently you might be a little confused. Is it a buyers market, or is it a sellers market? For sure, the past couple of years have been a sellers market. We have seen houses flying off the books and prices steadily rising. So much so that some people have begun to speculate that we were once again approaching bubble territory. 

South West Florida is one of most beautiful places one can own a home. Many people visit this area and immediately fall in love with it. With time they race out to purchase a piece of their dream home in South West Florida. They get excited with the brochures that show the various scenic view and beautiful home. Then they sit down with the broker to write a purchase contract. However, it is essential to understand what one is getting into to avoid costly consequences during the closing. Therefore, the following tips will enable you to understand what is expected of you when closing your South West Florida Home.

Tips For Buying A Foreclosed Home

Foreclosure is a legal process in which debtors try to recover their loan balance from creditors after they have stopped making payments as stated in the agreement. Debtors make this recovery by forcing the sales of the assets that the creditor has used as collateral for the loan. This is usually done by auctioneers who are given the go-ahead to sell the creditors’ assets. The following tips will help you secure the best-foreclosed homes in Southwest Florida at a great deal.

The answer is yes. If you are reading this you may have been involved in construction at a specific time—either as a contractor or as a property owner. You may have come across the legal document known as the mechanical lien, but what does it mean? We discuss:

A mechanical lien is generally a legal claim against a property by a subcontractor or a supplier, in case your house has been improved or remodeled and they have not received the necessary compensation from the general contractor. For example, if a part of your house is remodeled and the supplier of the materials is not paid by the general contractor a mechanical lien can be placed on your house to recover the money.