Real Estate

Role of an Attorney in filing Title Insurance Claims

Title lawyers are the trained attorney in legal procedures and issues around buying and selling of real estate pieces. Mostly they take care of things related to mortgage, title, transfer, and purchase agreements.A countable number of states have mandatory assistance from real estate lawyers. Florida does not make it strict to have legal support. But some crucial details have to be reasoned before not taking the lawyer service, since the state is not demanding.

Buying the Property

Out of all, the title is of first-string consideration. The title refers to the legal rights that the owner has on the property, which is recorded in the document. Before buying the property, you have to ensure that it is clear with title and free of liens. In case of failing to have these, the current property owner, that is, you, are accountable for clearing the issues, that invites a lot of disbursement.
So you need one-time Title insurance.

Title insurance defends mortgage lenders and home buyers against defects or problems with a title when there is a transferral of property ownership. If a title contest arises during or after a sale, the title insurance company may be responsible for paying specified legal damages, reckoning up on the issued policy. You can then consult with your Title insurance attorney.

Title insurance can defend the lender and the homebuyer from having to fix defects with a property’s title, such as:

  • Liens stemming from contractors who worked on the home and weren’t fully paid off, unpaid homeowner’s association outstanding debts
  • A falsified or forged deed or documents and other fraudulent transactions
  • Encroachments
  • Disputes pertaining to ownership, like existence of some unknown heir.

Title insurance attorney duties:

  • They write title insurance policies that protect the buyers and the lenders from financial loss due to disputes in the title, liens from the previous owner of the property, falsified or forged documents, or disputable ownership from the unidentified heirs.
  • They do title searches on the property in finding the owner of the property.
  • Legal documents are confusing for you. So it is always advisable to take service from a title lawyer.
  • They write purchase agreements, paperwork like settlement statements, and transfer of funds documents.

Getting title insurance is generally a two-step procedure. First of all, a title company performs a title search to ensure the property you want to purchase has a clear title. In short, substantiating a clear title means making sure that the party selling the property truly owns it and has the right to sell it. If a defect or other issue arises, the title company will make you alert of it.

Once the company completes the search, it assesses any issues, as well as potentially previously undiscovered ones, and then offers a quote for a title insurance policy based on those risks. If a title has many defects, the company might decline to offer a policy. It always recommended to seek consultation with your Title insurance attorney.


There are a lot of things to consider when you buy or sell your home. And having an experienced lawyer on your side is essential. We have provided you with some helpful tips about working with a title insurance claims attorney for any future real estate transactions. If there is anything else we can do for you.

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