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Certificate of Title

A Certificate of Title is a legal document that is used to establish the ownership of a piece of property. While identifying the ownership, the Certificate of Title has other information relevant to the property. This may include easements and buildings. The Certificate of Title is an effective tool for potential buyers when determining whether to continue with the transaction. Below are some popular questions about Certificates of Title.

In Florida, if someone's property is foreclosed on and they don't file an objection prior to the sale or after the Certificate of Sale has been issued, can they file to vacate the foreclosure before the Certificate of Title is filed?

Usually, the only way a person could vacate the sale would be if they were not served notice of the sale. A petition could possibly succeed if there were steps in the foreclosure process that were not taken, but the judge would have the final say in this situation.

Many state laws offer what is known as "right of redemption". This allows a homeowner a chance to redeem their property after a sale and take their home back. Many states allow up to six months for right of redemption, however Florida doesn't. Once a Certificate of Sale has been established in Florida, there is nothing that can be done.

I am buying a home from a seller and have been approved by my bank for a loan. Once my bank gives me the money for the purchase, do I give the money to the seller's title company?

Before releasing any money, you need to have a certificate of title in hand with assurance that there are no liens on the property. The title company will provide the certificate of title. In the event of any liens, the title company will use your purchase money to pay any liens. Once all liens have been paid, the title company will give the remaining amount to the seller.

Before you make any rash decisions, you should contact the title company and determine if there are liens against the home. You should also make sure that your bank is ok with you transferring the money to the title company. You are responsible for the bank loan regardless of how the sale of the home turns out. If the sale falls through, you still owe the bank and they will expect their money regardless.

We just bought a USDA foreclosure home at a sheriff's sale. We paid in full and are awaiting a deed which will be given to us in 120 days. Can we get into the house before the 120 day period and who is in charge of protecting the property during this time?

Normally, you will have to wait until you receive the deed before taking possession of the home. The current owners are in charge of protecting the home until the deed is changed. Usually, this may not be the best situation due to some owners not caring what happens to the home.

While a person can buy a home at a great price by going through a USDA foreclosure sale, the buyer is taking a risk as to how the home will withstand the former owners.

How long does it take to issue a new Certificate of Title after a foreclosure sale and how long will I have to leave after an eviction notice?

Usually, a Certificate of Title will be issued within ten days. As far as the eviction process, this may take several weeks. Generally, this will depend on how soon the new owner files for the eviction. Once you have been served eviction papers, the sheriff will physically evict you if you choose not to move out on your own. There is no set time for an eviction to take place. This will all depend upon the new owner and their eagerness to possess the home.

How long would it take to fix a certificate of title if that title had a typo? What processes happen to fix it?

You may be able to have the typo fixed in the county register of deeds office if they have the authority to do so. If the typo cannot be fixed at this office, you can file a petition to quiet title in order to fix it. If there isn't a heavy court docket, you should be able to receive a speedy hearing. Usually the issue can be resolved in just a couple of weeks.

Certificates of Title play a vital role in the purchasing of a home or property. Before entering into a binding contract, you should consider speaking with an Expert who is familiar with real estate law.
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