Title Insurance & Legal Protections How title insurance protects your investment — and when to involve a real estate attorney.
For most people, buying property is the largest financial transaction they’ll ever make. Whether you’re purchasing your first home, investing in commercial real estate, or closing on a vacation property, the process involves layers of paperwork, deadlines, and legal documents. One of the most important yet often misunderstood parts of a real estate closing is title insurance.
At Lubliner Law, we help clients across Florida protect their investments with the legal insights and representation needed before, during, and after closing. This article is your practical guide to understanding what title insurance is, how it works, and why having an experienced real estate attorney by your side can make all the difference.
What Is Title Insurance?
Title insurance is a form of indemnity insurance that protects property buyers and lenders from financial losses related to defects in a property’s title. These defects could include unresolved liens, unknown heirs claiming ownership, recording errors, forgery, or fraud in previous deeds.
Unlike most insurance policies, which cover events that might happen in the future, title insurance protects you from past issues that could surface after you’ve taken ownership. There are two types of policies:
- Lender’s Policy: Required by most mortgage lenders, this protects the lender’s interest in the property.
- Owner’s Policy: Optional but highly recommended, this protects the buyer’s financial interest in the property.
Common Title Issues That Can Disrupt Ownership
Even a clean-looking title can hide problems. In Florida, some of the most common issues include:
- Undisclosed or missing heirs
- Errors in public records or surveys
- Boundary disputes
- Unpaid property taxes or contractors’ liens
- Prior mortgages not properly released
- Fraudulent or forged documents
These problems can delay a sale, result in litigation, or even jeopardize your right to the property altogether. Title insurance helps mitigate that risk—but it’s not a one-size-fits-all shield.
Why Title Insurance Isn’t Always Enough
Many buyers assume that having a title insurance policy means they’re fully protected. Unfortunately, that’s not always the case.
Title policies are based on what a title search uncovers, but not everything shows up in public records. Also, many policies come with exceptions and exclusions that limit what the insurance company will cover. For instance, if there are zoning disputes or encroachments that weren’t flagged during the title search, your policy may not help you.
That’s why it’s wise to involve a real estate attorney early in the process—not just at the closing table. At Lubliner Law, we can help you review your title report, identify red flags, negotiate indemnities, and ensure all disclosures are in order. Learn more about our real estate legal services here: Florida Title Insurance & Real Estate Transaction Attorney
What Does a Real Estate Attorney Do That a Title Company Doesn’t?
Title companies facilitate the transaction, but they don’t represent you. They don’t explain legal language, advise you on risks, or advocate for your rights if something goes wrong.
A real estate attorney, on the other hand:
- Reviews title reports and surveys for hidden legal risks
- Explains the impact of easements, restrictions, or encroachments
- Identifies missing documentation that could delay closing
- Negotiates solutions when problems arise (e.g., curative actions)
- Drafts and reviews closing documents, including deeds and affidavits
When your money and property rights are on the line, having legal counsel isn’t a luxury—it’s a smart investment.
Florida-Specific Considerations You Should Know
Florida’s real estate market is unique, and that means title issues here can carry additional complexity. For example:
- Homestead laws can impact how title must be conveyed if the seller is married.
- HOA and condo associations may have unrecorded restrictions or outstanding dues.
- Florida and use and zoning ordinances can affect how you plan to use the property.
Working with a local real estate attorney who knows the nuances of Florida law can help you avoid unpleasant surprises down the road.
When to Call Lubliner Law
Whether you’re closing on your first home, refinancing, or buying investment property, it’s never too early to get legal guidance. At Lubliner Law, we offer clear, strategic counsel on every aspect of your transaction—from reviewing title reports to resolving disputes and defending your ownership rights.
Want to protect your investment with confidence? contact us here or call 561-207-2018.
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Florida Title Insurance & Real Estate Transaction Attorney
