Legal Question in Real Estate Law in Florida
Title Company Negligence
I settled on a property on Monday. On Friday afternoon, I was notified by my realtor that the title company had not gotten clear title. She then took the keys from me and asked me to vacate the property. What are my options?
3 Answers from Attorneys
Re: Title Company Negligence
I wouldn't vacate until your problems are resolved by written agreement. Without knowing what has occured no one can advise. Call the title company.
Re: Title Company Negligence
at this point I think you should retain a lawyer to represent you. Even if the title isn't clear and therefore the transaction can't be closed you still meet assistance in unwinding the deal. Also, I think you should be able to work out a temporary occupancy of the property with the seller. If you'd like me to represent you send me your phone number and a good time to call you.
Re: Title Company Negligence
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Something does not smell right. A title company will not allow a closing to take place unless and until the title is clear. They must provide a title commitment to your lender (if a loan was applied for) who will not loan monies for the closing unless and until the title is clear.
You should consult a local real estate attorney to review all of the paperwork and discuss this matter with the title company who closed on the transaction. There seems to be more to this than you have been told and you should get to the bottom of it.
Scott R. Jay, Esq.
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