Home Buying in Cape Coral>Question Details

Sue Johnston, Home Buyer in Outside U.S.

how do titles work on florida properties?

Asked by Sue Johnston, Outside U.S. Mon Jan 23, 2012

I'm from Canada and considering buying in Cape Coral.

Help the community by answering this question:


Transaction Title Of Florida (Laura Macias)’s answer
Title insurance insures that the title to your property is clear, with no known liens or encumbrances, such as unpaid property taxes, recorded liens, or street and sewer easements. If a title defect is discovered after the policy is issued, such as an undiscovered easement or forged deed, your title insurance company will seek to resolve it.

It is worth noting that no matter how far back the title issue goes, a title claim is filed against the property’s current owner of record. For instance, there might be a missing heir from a previous owner who comes forward after the property was bought and sold several times to different owners. The claim would be filed against the property (and current owner), even though the claim is from the past.

Another important fact that the majority of buyers don’t understand is that there are actually two types of title insurance policies—a Loan Policy, which protects the lender, and an Owner’s Policy, which protects the homebuyer.

Laura Macias

Transaction Title of Florida
8211 College Parkway, Suite 162
Fort Myers, FL 33919
239.415.3330 Office / 239.790.1419 Fax
0 votes Thank Flag Link Thu Jan 26, 2012
Florida is a Title lien theory State.
Which means the Borrower (home owner) holds title if you have a mortgage.
And any foreclosures proceeding would have to be judicial (Courts)
In a title theory state the Lender holds title till the mortgage is paid off.
And any foreclosures proceeding would be non-judicial.

If you have any further questions feel free to contact or email me directly.
I'm happy to answer any questions or concerns you may have.

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Best regards ,
Susan Callahan, ABR, CNS
Coldwell Banker Residential Real Estate LLC
CELL: 239-896-6342
7205 Estero Blvd # 724 Fort Myers Beach, FL. 33931
E-Mail: Agent4lee@aol.com
0 votes Thank Flag Link Mon Jan 23, 2012
Hi Sue,

Title companies handle the closing of most real estate transactions here - some states primarily have lawyers do closings but we primarily use title companies.

The biggest impact on non US citizens who own real estate here comes when they decide to sell the property. I have a detailed brochure of things non US citizens need ot know when purchasing property in the US. Most of my Canadian clients have found it to be very helpful.

Please feel free to email me if you would like for me to email you a copy of the brochure. I work with alot of Canadians and would be pleased to represent you as your buyers agent if you are not already working with a Realtor®.

Terry McCarley, Realtor®, CDPE
Jones & Co Realty
email: leecountyrealtor@earthlink.net
cell: 239-707-4575
0 votes Thank Flag Link Mon Jan 23, 2012
Hello Sue:

When transferring real estate in Florida from one party to another, different types of deeds exist to facilitate the transfer of property, depending on the circumstances.

You would submit the deed to the Lee County Clerk of Court together with payment for recording fees and any transfer tax that applies. Once recorded by the Clerk of Court, the documents will forwarded to the new owner, officially transferring the title to that party.

If doing this on your own, be sure to consult a real estate lawyer in county the property resides (I do have a lawyer I could suggest who is in good standing with REALTOR® Association of Greater Fort Myers and the Beach, Inc.) so as to avoid costly legal mistakes when purchasing the property. "Always" perform a title search on the property with the Clerk of Court in the county it is located in to ensure the current owner is the only owner of record and no liens exist on the property.

For more information, please feel free to contact me or visit my website at: http://www.thereseclapp.com - "I do regular business with investors outside the US". On the MLS page of my website at the bottom right side of the page are links you can reference under: "RESIDENTIAL INFORMATION" that may help you with additional questions you may have.

Good luck with your search!


Therese A Clapp, Realtor®
MBA - International Business, GRI, SFR, AHWD, REPM
Member of REBAC: Educated in Buyer Representation
Century 21 Sunbelt Realty, Inc.
725 Cape Coral Pkwy W
Cape Coral, FL 33914
Primary: 239-542-4777
E-mail: TClappCentury21@aol.com
Web: http://www.thereseclapp.com

2011 Platinum Five Star Education Award Recipient
Community of REALTOR® Excellence
REALTOR® Association of Greater Fort Myers and the Beach, Inc.
Web Reference: http://www.thereseclapp.com
0 votes Thank Flag Link Mon Jan 23, 2012
Being from Canada, there are no different processes than a US citizen has for purchasing property.

Was there something specific you were curious about Florida Titles?

David Lang
Keller Williams Realty
0 votes Thank Flag Link Mon Jan 23, 2012
When you buy a property, the deed is signed over to you from the previous owner, and it is then re-recorded at the County Clerks office with YOUR name on it.
I am not sure what the question is, sorry. Be more specific.
0 votes Thank Flag Link Mon Jan 23, 2012
Hi Sue

The seller pays for your title policy and you would pay for your lenders policy if you didn't negotiate something else or were not paying cash.

Call me if you haven't got an agent to assist you.

Kevin Cloutier
Southern Premier Realty
0 votes Thank Flag Link Mon Jan 23, 2012
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