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A: The question of who pays the Title insurance is always negotiable and can be worked in to the real estate sales contract to assign this cost to either buyer or seller. As for a refinance, although the buyer tradionally pays, if you are doing a loan modification of your exhisting loan, most often an additional title policy is not required depending on the loan. The borrower (owner) pays for the title insurance on a Mortgage Policy when they are doing a refinance. As to who pays for the Owner's Title insurance on a purchase is strictly negotiable between buyer and seller. It can be negotiated as part of the terms of sale. In some states, typically the seller pays, since they have the burden of proof of good, clear, marketable title. In other states, the buyer pays. It is rather based on the "lay of the land" of which is the normal way of doing buiness in your particular state. In many states, the seller pays for the searches done on the property he is selling and the buyer pays the premium and other fees for the actual insurance coverage. However, there are no laws concerning who is responsible to pay for the title insurance or the title searches. Who ultimately pays for what specific fees should be negotiated from the beginning. If the buyer agrees to pay all fees, the buyer takes the financial burden and risk of paying for search fees on a property that may have serious title issues making it extremely difficult to sell, which the seller may have already known about but did not disclose. Therefore, it is always a good idea to ask for a copy of the Seller's "back title", the Owner's Policy that was issued to the seller when they bought it.

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โˆ™ 2009-09-06 01:40:13
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Q: Who pays for title insurance in Lee county Florida?
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Who pays for title insurance in Duvall COunty FL?

No hard rule. Certain counties have "customary" rules, which in some counties the Seller pays and other counties the buyer pays. Bottom line, IT IS NEGOTIABLE!

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If the transaction is a refinance, then the borrower (current owner), pays for the Mortgage Title Insurance, for coverage on the new loan. If the transaction is a purchase, the title insurance fees are negotiable and either buyer, seller or both can pay the fees as per what is regional practice or what has been negotiated into the sales contract. All states vary, yet who pays on a purchase is always an elective and negotiable between the parties involved as to the Owner's Policy. Typically the new buyer pays for the Mortgage Policy regardless as to who is paying for the Owner's policy.

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What should I know about title insurance in Florida?

In Florida, the person who pays for the title insurance gets to pick the title company or title agent. The person paying (buyer or seller) for the owners title insurance policy is specified in your real estate sales/purchase contract. Tradition as to who normally pays for the owners title insurance policy varies according to the county that the property is located, but can always be negotiated between the parties in the contract. In the case of a refinance, you should know that you probably have an existing owners title insurance policy from when you bought your property and you can give a copy of the owners title policy to whoever is handling the title insurance for your refinance so that you will be entitled to a reissue credit. This can save you a significant amount of money. Probably the most important thing to remember is that whoever is paying for the owner's title insurance policy gets to pick the title company. Almost equally important is understanding that you should compare companies so that you can make sure you are getting the best price for title insurance and title-related fees, as well as the best service from a reputable company. Remember not to let someone else (like a realtor or mortgage broker) pick a service that you will be paying for unless you have personally compared their price and service with that of other companies. It is illegal to for a realtor to steer you in the direction of a particular company, and you should be aware that sometimes unethical relationships exist.

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