A Florida lien search, F.S. Chapter 159 search, is typically required of title agents to remove exceptions when issuing title insurance policies. However, many title companies are only performing lien searches for recorded data and are not conducting unrecorded lien searches on properties prior to closing.
You May Not Be Protected by Title Insurance
Unless your policy otherwise states, both the standard owner’s policy and the standard lender’s policy are based on an examination of only the public records of the recording district in which the land is located. These policies do not insure against liens not recorded in the public records such as unrecorded easements, liens or money obligations, unrecorded utility rights of way, public or private roads, community driveways and other types of encumbrances, or against the rights or claims of persons in possession of the property which are not shown by the public records.
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Contacts Info:
2582 Maguire Road #232, Ocoee, FL 34761