lawyer who does title work

A title search, or a property title search, is a process that involves reviewing files from the county records department to see a particular property title’s ownership history. The search is usually conducted by a commercial agent, such as a title company, a real estate attorney, or an escrow officer.

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Why should I hire an attorney instead of a title company?

Mar 26, 2008 · Do you really think a clerk at the title company is as knowledgeable as any practicing attorney. Any company can have a nice office, act pleasant and make you think the know what they are doing. TITLE EXAMINATIONS: It is impossible to explain the how many varied and complex issues may arise in a normal title examination.

What does a title search company or attorney do?

A title search, or a property title search, is a process that involves reviewing files from the county records department to see a particular property title’s ownership history. The search is usually conducted by a commercial agent, such as a title company, a …

What is the difference between an attorney and a title agent?

Jul 03, 2018 · Property law is a legal category, and quiet title lawsuits are a small sub-set of property law. Very few attorneys (if any) specialize exclusively in quiet title actions. However, as a real estate attorney, I heavily emphasize quiet title actions, so I am about as close to a “quiet title attorney” as you’ll get. That said, most real estate attorneys or property lawyers can handle a …

What does a title company do?

How to Work with a Title Company: 10 Tips When Buying or Selling Real Estate. Article by Joanne Cassidy Co-Author: Samuel A. Mills. Although you have probably heard of title companies and title insurance, you may not fully understand the role of the title company or how best to work with the title company in a real estate purchase or sale.

What is title examination?

The title examination is for the purchaser and the lender to evaluate title to the real estate. The purchaser will need to know whether there are certain restrictions of use, easements, encroachments or whether the title is marketable and clear for the seller to transfer the property to the purchaser. The closing attorney will identify any existing ...

What is a closing attorney?

The closing attorney is available to explain documents such as a deed, a note, a deed of trust, a settlement statement, disbursement at the end of the transaction and loan documentation required by the lender. Record and disburse: The closing attorney is literally responsible for closing on the transaction and distributing all monies.

What happens if you don't have a clear title?

Without clear title, the sale may become much more complicated . Upon receipt of a real estate purchase agreement or a request from a bank or mortgage broker, the closing attorney will begin to check the title to the property being sold.

What is the difference between a title company and a real estate attorney?

1. A title company works for the title insurer, not the buyer or the seller, whereas real estate attorneys work for whomever hires them.

What are closing costs in Florida?

Many closing costs such as title insurance premiums, documentary stamps, and recording costs are set by the State of Florida. They are the same whether an attorney or a title agent is facilitating the process.

What to consider when working with a title company?

Remember, the title company is a neutral party. You must look out after your own interests. Thoroughly review the title commitment and all closing documents. Get answers to any questions you may have before closing. After closing, when all documents have been signed and funds have been transferred, the deal is done.

What happens after a title company opens?

Soon after the title company opens title, it will conduct a title search and will issue a title insurance commitment that is sent to both buyer and seller. It is extremely important for the buyer to carefully review the title commitment because the commitment will disclose any defects in title.

Where does a closing take place?

The closing will typically take place at the title company offices . The closing agent will present one document at a time for signature. If there is anything you do not understand or if any of the documents have changed since you reviewed them, ask for clarification. Take your time.

Who can release earnest money?

If either the buyer or seller thinks he is entitled to the earnest money prior to closing, he may send a request for release of the earnest money to the other party. If the other party signs the request, the title company will send the earnest money to the party requesting it.

What is the contract for purchase and sale?

1. Contract Signed by Buyer and Seller. When the contract for purchase and sale has been signed by both buyer and seller, the real estate agent, or one of the parties if no agent is involved, submits the contract and earnest money check to a title company. 2.

What is title loan?

A title loan refers to a type of loan in which a person who wants to borrow money may use the title to their property as collateral. Vehicle titles are the most common collateral used for title loans. The borrower hands the original copy of the title to their car over to the lender who is then able to sell the car if the borrower does not pay ...

What is virtual address?

Lenders sometimes use “virtual office addresses”, which are post office box addresses and other mail delivery services. They do this to keep their physical location unknown, so a borrower cannot find them in the event of a dispute.

How long does it take to pay off a car loan?

The borrower is given one month to pay off the loan and the interest. If the borrower makes the loan payments when due and pays off the full loan amount, $1875 with interest in one month, the borrower will get the title to the car back. If, however, the borrower falls behind in paying off the loan amount, the lender can sell the car and use ...

What happens if you don't pay off a car loan?

If the borrower is not able to pay off the loan as promised, the lender may take the borrower’s vehicle and sell it in order to recover payment for the debt. Of course, the borrower has the title to the vehicle already.

What is a GPS device?

Many title loan lenders require the borrower to install a Global Positioning System (GPS) or a starter interrupter device that allows the lender to disable the borrower’s car remotely. If loan payments are not made, the borrower may find that the car cannot be operated.

What is a pink slip loan?

Some people refer to title loans as auto title loans, or pink slip loans. They are generally a type of loan that is obtained by a person who has a poor credit rating and cannot qualify for a better loan that does not require collateral and is offered at a lower interest rate. For example, a person with a low credit score who does not own ...

Do you need insurance for a title loan?

It is also a good idea to have automobile insurance as required by state law in the state where a person lives. Usually, however, title loan lenders do not require it.

What does "esq" mean in law?

If you want to practice law, you'll need to be licensed. Getting licensed earns you the lawyer abbreviation of Esq., which stands for Esquire . There are a variety of other career options available to those who earn a J.D.

What does J.D. stand for in law?

Each designates a degree the attorney earned. The following are the most common lawyer initials: J.D. J.D. stands for "juris doctor” and is the degree received when an attorney graduates from law school.

What is LL.M. law?

It's a graduate degree and is required to practice law in the United States. LL.M. The Master of Laws (LL.M.) degree is available to people who already have a J.D. It provides advanced legal study and certification in a specific area of law, such as international law, human rights law or intellectual property law.

What is a J.S.D.?

A Doctor of the Science of Law (J.S.D. or S.J.D.) is the equivalent of a Ph.D. in law. Attorneys who get these lawyer initials generally become scholars or teachers of law and social sciences. This is a very specialized degree that's selectively awarded. LL.B.

What does a title company do?

The title company makes sure a property title is legitimate, so that the buyer may be confident that once he buys a property, he is the rightful owner of the property. To ensure that the title is valid, the title company will do a title search, which is a thorough examination of property records to make sure that the person or company claiming ...

What does a title company look for in a property?

During the title search, the title company also looks for any outstanding mortgages, liens, judgments or unpaid taxes associated with the property, as well as any restrictions, easements, leases or other issues that might impact ownership. The title company may also require a property survey, which determines the boundaries of the plot ...

What is title insurance?

Title insurance protects the lender and/or owner against lawsuits or claims against the property that result from disputes over the title. Title companies also often maintain escrow accounts — these contain the funds needed to close on the home — to ensure that this money is used only for settlement and closing costs, ...

What does a real estate attorney do?

A real estate attorney prepares or reviews all of the documents that are signed at the closing of a real estate purchase. The attorney is then present at the closing to represent the buyer's (or the seller's) interests. Real estate law is a matter for state and local jurisdictions.

How long does it take to become a real estate lawyer?

Qualifications. Like any lawyer, a real estate lawyer has earned a law degree, which typically takes three years of study for a full-time student. They have also passed the state bar exam administered by the state in which they practice. Training for real estate law may begin with elective courses and internships during law school, ...

What is the biggest investment you have ever made?

Buying a home is probably the biggest investment you'll ever make. In addition to hiring a real estate agent to help negotiate the transaction, you might consider a real estate lawyer to guide you through the legal process. Real estate attorneys specialize in matters related to property, from transactions to handling disputes between parties.

What is real estate law?

Real estate law encompasses the purchase and sale of real property, meaning land and any structures on it. It also covers legal issues related to anything attached to the property or structures, such as appliances and fixtures.

Do you need a real estate attorney at closing?

Many states require a real estate attorney be present at closing. Even if your state does not require one, you might want a real estate attorney to be there for you. A real estate attorney will represent your interests at closing. They will review all paperwork in advance and advise on any problems or omissions with the documentation. 1.