Title Insurance Services by an Attorney
From Title Search to Closing – Legal Protection at Every Step
Law Offices of Fishman-Sitbon, P.A. represents buyers and sellers in the purchase and sale of commercial and residential real estate. This includes escrow services, title insurance, and closing/settlement of the transaction. Unlike title companies that are not authorized to practice law, attorney Klara Fishman-Sitbon, Esq. provides significant value to her clients by being able to review the Contract, explain the terms of the Contract and the implications thereof, and provide legal advice and guidance from contract to closing. Law Offices of Fishman-Sitbon, P.A. is a member of the Fund and an agent for Old Republic National Title Insurance Company. As an agent, the firm is authorized to issue title commitments, closing protection letters, title insurance policies and order title searches.
Title insurance is a crucial aspect of real estate transactions, providing protection against potential risks associated with the property's title. An owner's policy and a lender's policy are two key components that address distinct concerns for both parties involved in the transaction.
Title Insurance Service
• Lender’s title insurance policies
• Owner’s title insurance policies
• Title searches with attorney review
• Title defect and lien resolution
• In-Office / Remote / Online Closings
• Coordination with real estate agents
• Review of Closing Disclosures (CDs)
• Review of ALTA settlement statements
• Payoff and lien coordination
• Drafting of deeds and affidavits
• Post-closing recording of documents
Lender's Title Insurance Policy:
A lender's policy is designed to protect the financial institution providing the mortgage. It safeguards the lender's investment by covering potential losses arising from title defects, ensuring that the mortgage lien is valid and uncontested. Risks covered may include errors in public records, undisclosed liens, or legal disputes that could impact the lender's security interest in the property.
Key Features of a Lender’s Title Insurance Policy:
• Required by lenders on most real estate transactions involving a mortgage.
• Protects the lender’s financial investment, not the buyer’s personal ownership rights.
• Covers risks such as:
• Errors or omissions in public records
• Undisclosed or unpaid liens
• Improperly executed or recorded documents
• Legal challenges that may threaten the enforceability of the mortgage lien
• Policy remains active for the life of the loan, as long as the mortgage exists.
Our policies are issued only after a detailed attorney-reviewed title search, ensuring the mortgage lien is legally sound and fully enforceable.
Owner’s Policy of Title Insurance:
An owner's policy, on the other hand, is geared towards protecting the buyer's interests. It provides coverage against various title issues, such as errors in public records, undiscovered heirs, and legal disputes. This policy acts as a safeguard for the buyer, offering reassurance and financial protection in the event of unforeseen challenges related to the property's title.
While a lender's policy is typically mandatory when obtaining a mortgage, an owner's policy is not mandatory in Florida. However, it is highly recommended for buyers to consider purchasing an owner's policy. Without it, buyers may be exposed to potential risks and financial liabilities that the lender's policy alone does not cover. An owner's policy provides an extra layer of protection, ensuring that the buyer's investment in the property is secure and free from unforeseen title issues.
Title Search Reviewed by Real Estate Attorney:
A title search is a critical step in every real estate transaction. It involves examining public records to verify the legal ownership history of a property and identify any existing liens, claims, or defects that could affect the transfer of title.
What Is the Purpose of a Title Search?
• The goal of a title search is to ensure that:
• The seller has the legal right to transfer ownership.
• The buyer receives clear and marketable title, free of defects.
• Any potential title issues are discovered and resolved prior to closing.
Step-by-Step Title Search Process
1. Identify the Property
The first step in a title search is to identify the property in question, including the legal description, address, and tax identification number.
2. Gather Public Records
The next step is to gather public records related to the property, including deeds, mortgages, tax liens, judgments, easements, and other documents that affect the title.
3. Review Ownership History
Once the public records have been gathered, they are reviewed to determine the ownership history of the property and any liens or encumbrances that may exist.
4. Issue a Title Report
Once the title search is complete, a title commitment (report) is issued to the buyer and their lender, if applicable. The title commitment (report) provides a detailed history of the property, including the ownership history and any liens or encumbrances that were discovered during the search.
5. Resolve Title Issues
If any issues are discovered during the title search, such as a lien or encumbrance, they must be resolved before the property can be sold. This may involve working with the seller to pay off the lien or negotiating with the lien holder to release the lien.
6. Issuing of Title Insurance
Once the title commitment requirements are met and issues resolved, the transaction can move to the closing stage. A title insurance policy is issued after the closing takes place.
Overall, a title search is an important part of the real estate transaction process as it helps to ensure that the buyer receives clear and marketable title to the property. The cost of a title search can vary depending on the complexity of the search and the location of the property.
Title Defect and Clearance Services (Curative Work)
Clear Your Property Title with Confidence — Attorney-Guided Resolution
When title issues arise during a real estate transaction, they can delay or derail closing altogether.
Our Title Defect and Clearance Services are designed to resolve these problems efficiently and legally.
Led by a licensed Florida real estate attorney, our curative work ensures your title is marketable, insurable, and ready to transfer.
What Are Title Defects?
A title defect (also called a "cloud on title") is any legal issue, claim, or irregularity that could affect your ownership rights or delay a closing. Common title defects include:
• Unpaid property taxes or municipal liens
• Outstanding mortgages not properly satisfied
• Incorrect legal descriptions or boundary disputes
• Missing or forged signatures on prior deeds
• Gaps or breaks in the chain of title
• Probate and inheritance conflicts
• Judgment liens or bankruptcy filings
• Unreleased liens from prior owners
These issues must be resolved before the property can be safely transferred or insured.
Our Curative Title Services Include:
• Attorney Review of the title report
• Lien Payoff & Release Coordination
• Preparation of Corrective Deeds or Affidavits
• Quiet Title Actions when ownership disputes or missing parties are involved
• Probate Coordination for inherited or estate-owned properties
• Communication with prior lienholders, title companies, or municipalities
• Re-recording and filing of corrected documents
• We provide hands-on legal service from discovery to full resolution — not just processing paperwork.
Why Work with Our Law Office?
• Every curative action is legally reviewed and approved by an experienced Florida attorney.
• We work directly with title underwriters to clear conditions for issuing a clean title policy.
• Our team minimizes delay, resolves risk, and protects your closing timeline.
Whether you’re a buyer, seller, or investor, our firm helps eliminate title-related delays and secure your real estate transaction.
Need help clearing a title issue? Contact our office today for a consultation.
Deed and Title Transfers
Secure, Legal Ownership Transfers Handled by Attorneys
Transferring ownership of real estate in Florida requires properly prepared and legally recorded deeds. At our law office, we handle deed and title transfers for residential, commercial, and investment properties across the state. Whether you’re gifting a property to a family member, transferring ownership into a trust or LLC, or updating the title after a divorce or estate settlement — we ensure your documents are valid, enforceable, and recorded without error.
What We Handle:
• Warranty Deeds, Quitclaim Deeds, Life Estate Deeds, Enhanced Life Estate Deeds (Ladybird Deed) and more
• Title updates due to divorce, death, or inheritance
• Transfers into or out of trusts, LLCs, and corporations
• Correction deeds and boundary updates
• Document recording with the appropriate Florida county clerk
Why Choose Us:
Unlike online forms or notaries, we provide full legal assurance. Every deed we draft is attorney-reviewed, compliant with Florida law, and customized to your situation. This protects against title disputes, recording errors, and invalid transfers.
Whether you’re making a simple ownership update or restructuring your real estate portfolio — we provide peace of mind and legal precision.
In-Office / Remote / Online Closings
Flexible Closing Options — Where Convenience Meets Legal Protection
Real estate closings don’t have to be complicated or inconvenient. Whether you prefer a face-to-face meeting, a fully remote process, or something in between, our firm offers flexible closing solutions tailored to your needs — all backed by the guidance of a licensed Florida real estate attorney.
We accommodate buyers, sellers, and lenders through in-office closings, remote online notarizations (RON), and mobile notary coordination. Each option ensures that your transaction is legally sound, secure, and compliant with Florida law.
Our Closing Options Include:
• In-Office Closings: Held at our secure law office with full legal supervision and in-person signing. Ideal for clients who prefer personal service and real-time legal explanations.
• Remote Online Closings (RON): Conducted via secure video conferencing platforms. Sign documents from anywhere in Florida or around the world — legally notarized and recorded.
• Mobile Notary Closings: We coordinate with trusted mobile notaries who come to your home, office, or other convenient location, with attorney oversight before and after signing.
What We Handle:
• Preparation and legal review of all closing documents
• Coordination with lenders, title underwriters, and agents
• Digital or in-person notarization
• Final recording of deeds and delivery of title policies
Why Clients Trust Our Flexible Closing Services:
• Options that suit your schedule, location, and preferences
• No sacrifice in legal protection — every option includes attorney supervision
• Fully compliant with Florida’s remote notarization laws
• Faster turnaround times and reduced closing delays
• Peace of mind knowing your documents are valid, enforceable, and secure
Coordination with Lenders
Seamless Communication Between Legal and Lending Teams
Coordinating with mortgage lenders is a critical part of any real estate transaction involving financing. Our office serves as the central point of contact between all parties, ensuring that lender requirements are met, timelines are respected, and closing conditions are fulfilled without delay.
We work directly with banks, credit unions, mortgage brokers, and private lenders to gather documents, satisfy title and escrow conditions, and deliver timely updates. This proactive communication reduces risk, prevents last-minute surprises, and helps keep your closing on track.
What Our Lender Coordination Services Include:
• Reviewing and fulfilling title clearance requirements from lenders
• Communicating directly with loan processors and underwriters
• Preparing and delivering title commitments, closing protection letters (CPLs), and wiring instructions
• Reviewing and confirming Closing Disclosures (CD) and ALTA settlement statements
• Coordinating payoff statements and lien releases
• Ensuring compliance with loan funding conditions prior to disbursement
Why Our Coordination Matters:
• Smooth, efficient closings — even on tight timelines
• Minimizes miscommunication between parties
• Ensures legal compliance with Florida real estate and lending laws
• Enhances trust between buyer, seller, lender, and title professionals
• Attorney oversight adds an extra layer of diligence and protection
Coordination with Real Estate Agents
Partnering with Agents for Smooth, Legally Sound Closings
Successful real estate transactions rely on clear communication between all parties — especially between the legal team and the real estate agents involved. Our office works hand-in-hand with buyer and seller agents to ensure every step of the transaction is handled accurately, efficiently, and in compliance with Florida law.
From contract to closing, we collaborate with your agent to resolve title issues, provide legal updates, review contract terms, and ensure everyone stays informed throughout the process. Our attorney-led coordination helps bridge the gap between the legal and sales sides of your deal.
What We Provide to Real Estate Agents:
Timely legal review of contracts, addendums, and disclosures
Updates on title clearance status, escrow milestones, and lender communications
Legal answers to questions about contingencies, repairs, occupancy, and more
Access to the attorney for client concerns or document clarification
Coordination on closing timelines, walkthroughs, and final document delivery
Collaborative problem-solving when issues arise near closing
Why Agents Trust Us:
Fast, responsive communication with agents and brokers
Respect for agent-client relationships and transaction goals
Experience with both residential and commercial transactions
Attorney insight helps avoid contract disputes or closing delays
Review of title commitments
Attorney Review to Ensure Clear, Insurable Title
Before title insurance can be issued in Florida, a title commitment is prepared by the underwriter outlining the terms, requirements, and exceptions to coverage. Our law office provides a detailed, attorney-led review of title commitments to ensure all legal conditions are met, and your property is truly ready to close — without risk or surprises.
We break down the complex legal language in the title commitment so that buyers, sellers, and agents understand what is required and what exceptions may affect future ownership or insurability. Our legal team works to resolve any issues before they impact your closing timeline.
Our Title Commitment Review Covers:
• Schedule A – Verifies legal description, proposed insured parties, and policy amounts
• Schedule B-I (Requirements) – Ensures all closing requirements (e.g., mortgage payoffs, lien releases, probate documents) are addressed before title can be insured
• Schedule B-II (Exceptions) – Reviews all listed exceptions such as easements, restrictions, and covenants to assess their impact on ownership or development plans
Why This Review Matters:
• Identifies red flags before they become last-minute issues
• Clarifies legal language for clients and agents
• Ensures all title conditions are resolved before closing
• Protects against future disputes or policy denials
• Performed by an experienced Florida real estate attorney
Review of Closing Disclosures (CDs)
Attorney Review for Accuracy, Compliance, and Peace of Mind
The Closing Disclosure (CD) is one of the most important documents in any real estate transaction. It outlines the final loan terms, settlement costs, and who pays what at closing. Our law office conducts a thorough attorney review of the CD to ensure that all figures are correct, legally compliant, and in line with the purchase agreement and lender requirements.
We help buyers and sellers understand the charges listed, identify potential errors, and confirm that all credits, adjustments, and disbursements are accurate. By reviewing the CD before signing, we help you avoid costly mistakes and ensure a smooth closing.
What We Check in the CD Review:
Loan terms and interest rate accuracy
Purchase price, deposits, and credits
Closing costs and prorated taxes
Lender fees, title fees, and escrow disbursements
Commission payouts and seller proceeds
Consistency with the contract and title commitment
Why This Review Is Critical:
Prevents overpayment due to errors or miscalculations
Confirms compliance with RESPA and TRID regulations
Ensures accurate payoff of liens and mortgages
Provides legal clarity and explanation to buyers or sellers
Avoids closing delays caused by last-minute discrepancies
Review of ALTA Settlement Statements
Attorney Oversight for Transparent and Accurate Real Estate Closings
The ALTA settlement statement is a detailed breakdown of all financial aspects of a real estate transaction, used alongside or in place of the Closing Disclosure (CD). It itemizes debits, credits, and disbursements for both buyers and sellers. Our law office provides a comprehensive legal review of ALTA statements to ensure accuracy, transparency, and full compliance with your contract and lender instructions.
We examine every line item, from title charges to recording fees, verifying that all amounts are correct and reflect the actual terms of the transaction. By having an attorney review the ALTA, you reduce the risk of financial discrepancies and last-minute surprises at closing.
What We Review in the ALTA Statement:
Sales price, deposits, and adjustments
Title insurance premiums and endorsements
Government recording and transfer fees
Payoffs to lenders, tax authorities, or associations
Commission disbursements and escrow withholdings
Buyer and seller credits, prorations, and net proceeds
Why This Review Is Essential:
Ensures all numbers match the contract and title commitment
Prevents overpayment or double charges
Confirms proper disbursement of funds
Provides legal clarity to buyers, sellers, and agents
Supports a smooth and fully reconciled closing
Payoff and Lien Coordination
Clearing the Path to Closing — Fast, Accurate Lien and Payoff Management
Before a real estate transaction can close, all existing liens, mortgages, and judgments tied to the property must be properly paid off, released, and documented. Our office handles the full coordination of lien payoffs to ensure that title can transfer free and clear, without delays or legal complications.
Whether it’s a mortgage, HOA lien, municipal fine, or judgment, we obtain official payoff statements, calculate accurate settlement amounts, and ensure timely disbursement and release — all under attorney supervision.
Our Payoff & Lien Coordination Services Include:
• Requesting official payoff statements for mortgages and liens
• Verifying payment accuracy and calculating prorated balances
• Coordinating with lenders, municipalities, HOAs, and judgment holders
• Disbursing funds directly from escrow upon closing
• Tracking and recording lien releases to ensure clear title
• Addressing last-minute lien issues that arise before settlement
Why It Matters:
• Prevents title issues from unresolved debts
• Ensures all funds are paid and accounted for at closing
• Avoids post-closing surprises like collection notices or title defects
• Legally compliant disbursements supervised by a Florida real estate attorney
• Faster closings with fewer delays from third-party lienholders
Drafting of Deeds and Affidavits
Attorney-Drafted Legal Instruments to Ensure Ownership and Compliance
In any real estate transaction, properly prepared deeds and affidavits are essential to ensure valid ownership transfers and legal compliance. Our law office provides comprehensive drafting services for a wide range of real estate documents — all reviewed and signed under the supervision of a licensed Florida attorney.
Whether you're transferring title to a family member, correcting a prior deed, or providing required affidavits for closing, we ensure each document is legally sound, customized to your needs, and accepted for recording in the appropriate county.
Documents We Draft and Prepare:
• Deeds: Warranty Deeds, Quitclaim Deeds, Life Estate Deeds, Lady Bird Deeds, and Corrective Deeds
• Affidavits: Seller's Affidavits, Lien Affidavits, Marital Status Affidavits, Non-Foreign (FIRPTA) Affidavits, and more
• Custom Instruments: Joint tenancy deeds, trustee deeds, and special purpose affidavits for title underwriting
Why Choose Attorney Drafting:
• Avoids mistakes common in online templates or notary services
• Tailored to your specific transaction and legal goals
• Reviewed to comply with Florida recording standards and title insurance requirements
• Helps prevent disputes, rejections, and costly re-recordings
Post-Closing Recording of Documents
Ensuring Your Legal Documents Are Officially Recorded and Protected
After a real estate closing, one of the most critical final steps is the proper recording of legal documents — especially the deed and mortgage — with the appropriate Florida county recorder. Our law office handles all aspects of post-closing document recording to ensure your ownership is official, enforceable, and part of the public record.
Failure to record documents promptly or correctly can lead to title issues, legal disputes, and delays in future transactions. We take that risk off your plate by managing the recording process with accuracy and efficiency.
Our Post-Closing Recording Services Include:
• Submission of signed deeds, mortgages, affidavits, and other legal instruments to the appropriate county
• Verification of recording fees and documentary stamp taxes
• Confirmation of legal formatting, notary requirements, and document completeness
• Receipt of official recording confirmation and instrument numbers
• Delivery of recorded copies to buyers, sellers, lenders, and title insurers
Why It Matters:
• Finalizes your legal ownership and lien position
• Prevents fraud, disputes, or competing claims on the property
• Essential for title insurance policy issuance and protection
• Attorney-reviewed for compliance with Florida recording laws
Legal Document Drafting and Contract Review
Attorney-Drafted Real Estate Documents You Can Trust
Whether you're buying, selling, or preparing to close on a property in Florida, having a real estate attorney review or draft your documents is a crucial step in protecting your legal rights. Our office provides comprehensive legal document services, ensuring that every agreement, deed, and disclosure meets Florida law and protects your interests.
What We Draft and Review:
Real Estate Contracts
• Custom drafting and legal review of purchase and sale agreements
• Negotiation addendums and contingency clauses
Deeds
• Warranty Deeds, Quitclaim Deeds, Life Estate Deeds, Enhanced Life Estate Deeds (Lady Bird Deed) and more
• Correction deeds and title transfer preparation
Affidavits & Legal Closing Documents
• Seller’s affidavits, FIRPTA forms, lien affidavits, and marital status affidavits
Condo & HOA Document Review
• Evaluation of association bylaws, rules and restrictions, and estoppel certificates
Legal Addendums & Power of Attorney Documents
• Drafting, reviewing, and notarizing custom legal instruments for real estate use
Why Work With Our Florida Real Estate Contract Attorney?
• Knowledge of Florida-specific real estate laws and contract requirements
• Ensure documents are legally binding, accurate, and enforceable
• Avoid legal disputes caused by vague or unenforceable language
• Detailed attorney review reduces closing delays and future risks
Whether you're preparing a real estate deal, transferring ownership, or responding to a title issue, we ensure your legal documents are rock-solid.
Title Policy Issuance
Finalizing Protection with Official Title Insurance Policies
Once a real estate transaction closes and all legal conditions are satisfied, the final step is the issuance of the title insurance policy. Our office ensures that both Owner’s and Lender’s Title Insurance Policies are issued accurately and promptly, backed by a thorough attorney-reviewed title search and curative process.
Our Title Policy Issuance Process Includes:
Verifying legal ownership, recording, and closing compliance
Preparing and issuing Owner’s and Lender’s policies
Customizing endorsements based on the transaction or lender requirements
Coordinating with underwriters and providing all supporting documents
Delivering final policies to buyers, lenders, and agents
Maintaining copies for future reference or claims assistance
Why Title Policy Issuance Matters:
Provides long-term protection against title issues such as forgery, fraud, undisclosed liens, and ownership disputes
Required by most mortgage lenders
Ensures your title insurance is valid, enforceable, and compliant with Florida law
Peace of mind that your legal ownership is protected
At our firm, we don’t just close transactions — we secure them with trusted legal and title protection that lasts well beyond the day of closing.
Legal Support for Cash Purchases
Attorney-Guided Closings for Buyers Paying Without a Mortgage
Cash transactions may seem simpler than financed purchases, but they still carry legal risks and require careful due diligence. Our office provides comprehensive legal support for Florida real estate buyers purchasing property with cash — ensuring the title is clear, documents are accurate, and the transfer is secure.
Without a lender involved, the responsibility to verify the property’s legal and financial status falls entirely on the buyer. That’s where we step in by providing attorney oversight at every stage.
Our Services for Cash Buyers Include:
Title search and legal review to ensure clean ownership
Drafting and reviewing the purchase and sale agreement
Reviewing HOA, municipal, and estoppel documentation
Coordinating escrow and secure wire transfers
Attorney-led closing, in-office or remotely
Recording deeds and issuing owner’s title insurance
Post-closing support for recording confirmation or property issues
Why Legal Representation Matters for Cash Buyers:
Prevents surprises like unpaid liens, title defects, or occupancy issues
Ensures a smooth, compliant transaction without relying solely on the seller or agent
Provides legal clarity on contract terms, deadlines, and rights
Offers peace of mind that your investment is protected — even without lender oversight
Legal Support for Financed Transactions
Protecting Your Interests When Buying with a Mortgage
Purchasing real estate with financing involves more than just loan approval — it requires careful legal coordination between the buyer, lender, title company, and closing agent. Our office provides full legal support for buyers securing a mortgage in Florida, ensuring the entire transaction is handled properly, efficiently, and in compliance with both state law and lender requirements.
From contract review to final closing disclosures, we work closely with your mortgage provider to address legal conditions, meet funding deadlines, and protect your rights throughout the process.
What Our Financed Transaction Services Include:
Legal review of the purchase agreement and addenda
Coordination with lenders to clear title conditions and submit required documentation
Review of the Loan Estimate (LE), Closing Disclosure (CD), and ALTA settlement statement
Verification of loan terms, escrow instructions, and legal compliance
Attorney representation at closing (in-person or remote)
Recording of deeds, mortgages, and delivery of title insurance policies
Why You Need Legal Support When Financing:
Ensures loan documents align with your purchase contract and title terms
Prevents funding delays due to overlooked legal conditions
Provides legal clarity on obligations, interest rates, and mortgage terms
Attorney involvement adds oversight beyond what title processors or lenders offer
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