Sample Title Commitment for a Florida Home Purchase

We’ve included sample title commitment letters below for a hypothetical all cash condo purchase as well as a financed condo purchase in Miami, Florida. Notice how the title insurance commitment specifies exactly who and what is being insured, and how specific pages of county public records are referenced.

Schedule B-I goes over some standard requirements and procedures for closing that must be done in order for the title commitment to be valid.

Schedule B-II goes over some exceptions to coverage, i.e. items or events that are not covered by the policy such as items that are unrecorded in public records. The first point of Schedule B-II is particularly interesting to note in that defects that appear in public records after the date of issue but prior to closing are not covered.

Miami First Title Insurance Company

American Land Title Association Commitment

Schedule A

Transaction Identification Data for reference only:

Commitment Number: 1254256    Revision Number: None
Issuing Office File Number: 24-2114    Issuing Office: 2454
Property Address: 4566 Collins Avenue, Apt 1201, Miami Beach, FL 33156
Loan ID Number: None    ALTA Universal ID: None
Issuing Agent: South Florida Title Services, Inc.

1. Commitment Date: April 1, 2021 @ 10:00 AM

2. Policy to be issued:
OWNER’S: ALTA Owner’s Policy (6/17/06) (With Florida Modifications)
Proposed Insured: Darren Williams
Proposed Policy Amount: $1,500,000
MORTGAGEE: ALTA Loan Policy (6/17/06) (With Florida Modifications)
Proposed Insured:
Proposed Policy Amount:

3. The estate or interest in the Land described or referred to in this Commitment is FEE SIMPLE. (Identify estate covered, i.e., fee, leasehold, etc.)

4. Title to the estate or interest in the Land is at the Commitment Date vested in: Ann-Boylan Windsor

5. The Land is described as follows:

Unit No. 1142 , of Elixir Miami South Beach, a Condominium, according to The Declaration of Condominium recorded in Official Records Book 23581, Page 1557, and all exhibits and amendments thereof, Public Records of Miami-Dade County, Florida.

Schedule B-I

Requirements

1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions.

2. Pay the agreed amount for the estate or interest to be insured.

3. Pay the premiums, fees, and charges for the Policy to the Company.

4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records.
A. Warranty Deed from Ann-Boylan Windsor, joined by spouse, if married, or nonhomestead language, to the proposed purchaser(s).
B. Written consent of the Board of Directors of Elixir Miami South Beach, Inc., must be obtained and recorded with respect to the sale of the subject property to the proposed insured purchaser(s).

5. Condominium estoppel letter must be furnished showing that the assessments are current and that there are no unpaid special assessments.

6. Homeowners’ Association estoppel letter must be furnished showing that the assessments are current and that there are no unpaid special assessments.

7. FOR INFORMATIONAL PURPOSES ONLY: 2020 taxes were paid under receipt number CHECK2y-11-014561, on November 30, 2020 , Folio # 01-3141-098-0147, the gross amount being $18,258.91.

8. An update of the title search must be completed just prior to the closing and the commitment must be endorsed to require clearance of, or take exception for, any additional title defects or adverse matters found.

9. Execution of closing affidavit by appropriate parties representing possession and no adverse matters, including actions taken by owner or others that would give rise to litigation or lien.

10. Closing funds must be disbursed by or at the direction of the Title Agent issuing this policy.

11. Affidavit from owner, or other person having actual knowledge, establishing that no person other than the owner is in possession.

12. FOR INFORMATIONAL PURPOSES ONLY, the following constitutes a 24-month Chain of Title preceding the effective date hereof and constitutes conveyances and transfers of ownership only: O.R. Book 21456, Page 157; O.R.

Schedule B-II

Exceptions

THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN.

The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company:

1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the Commitment Date hereof but prior to the date the Proposed Insured acquires for value of record the estate or interest or Mortgage thereon covered by this Commitment.

2. a. General or special taxes and assessments required to be paid in the year 2021 and subsequent years.
b. Rights or claims of parties in possession not recorded in the Public Records.
c. Any encroachment, encumbrance, violation, variation or adverse circumstance that would be disclosed by an inspection or an accurate and complete land survey of the Land and inspection of the Land.
d. Easements or claims of easements not recorded in the Public Records.
e. Any lien, or right to a lien, for services, labor or material furnished, imposed by law and not recorded in the Public Records.

3. Any Owner’s Policy issued pursuant hereto will contain under Schedule B the following exception: Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the Land insured hereunder, including submerged, filled and artificially exposed lands, and lands accreted to such lands.

4. Any lien provided by County Ordinance or by Chapter 159, F.S., in favor of any city, town, village or port authority, for unpaid service charges for services by any water systems, sewer systems or gas systems serving the land described herein; and any lien for waste fees in favor of any county or municipality.

5. Rights of the lessees under unrecorded leases.

6. Any loss or damage for unpaid assessments pursuant to Sec. 718.116(l)(a), F.S., notwithstanding any assurances to the contrary in any attached ALTA Endorsement 4.1-06 or 5.1-06 as to the owner’s policy.

7. Any loss or damage caused by a lien for assessments pursuant to Sec. 720.3085(1), F.S., notwithstanding any assurances to the contrary in any attached ALTA Endorsement Form 5.1-06 as to the owner’s policy.

8. All matters contained on the Plat of Amended Plat of Second Ocean Front Subdivision, as recorded in Plat Book 27, Page 25, Public Records of Miami-Dade County, Florida.

9. Declaration of Condominium of Elixir Miami South Beach, a Condominium, and all exhibits attached thereto and recorded December 25, 2015, in O.R. Book 21250, Page 1545, together with amendments thereto recorded in: O.R. Book 21256, Page 1144, O.R. Book 21256, Page 1450, o.R. Book 14524, Page 1452 and o.R. Book 25550, Page 4569, (hereinafter “Declaration”). Such Declaration establishes and provides without limitation for easements, liens, charges, assessments, an option to purchase, a right of first refusal, and/ or the prior approval of a future purchaser or occupant.

10. Subordination Agreement recorded in O.R. Book 26100, Page 23 10, Public Records of Miami-Dade County, Florida.

11. Declaration of Covenants, Restrictions and Easements recorded in O.R. Book 21250, Page 1256, modified by Amendment and Supplemental Declaration recorded in O.R. Book 14542, Page 2, Public Records of Miami-Dade County, Florida.

12. Amendment to Declaration of Covenants, Restrictions and Easement for Elixir Miami South Beach recorded in O.R. Book 21256, Page 1258, Public Records of Miami-Dade County, Florida.

13. Order of the Board of Adjustment of the City of Miami Beach, filed June 12, 1999 in O.R. Book 12565, Page 1564, as modified by Extension of Time Order, filed November 15, 1999 in O.R. Book 14560, Page 2257, as modified by Order filed August 29, 2001 in O.R. Book 12562, Page 148, as modified by Modification Order filed June 6, 2005 in O.R. Book 12566, Page 1259, as modified by Modification Order filed January 15, 2006 in O.R. Book 12580, Page 1257, as modified by Modification Extension of Time Order filed March 9, 2007 in O.R. Book 14548, Page 2252, and as modified by Modification Extension of Time Order filed February 5, 2010 in O.R. Book 25125, Page 745, Public Records of Miami-Dade County, Florida.

14. The Erosion Control Line identified in Plat Book 115, Page 59, O.R. Book 1548, Page 1258, Public Records of Miami-Dade County, Florida.

15. Informational Note: Coastal Construction Control Line Plat recorded in Plat Book 78, Page 21, Public Records of Miami-Dade County, Florida.

16. Covenant in Lieu of Unity of Title recorded in O.R. Book 12565, Page 1255, Public Records of Miami-Dade County, Florida.

17. Easement and Operating Agreement recorded in O.R. Book 21254, Page 1457, Public Records of Miami-Dade County, Florida.

18. Development Agreement recorded in O.R. Book 20156, Page 1220, agreement concerning development agreement and easement and operating agreement in O.R. Book 21254, Page 2256, assigned in O.R. Book 22565, Page 2782, Public Records of Miami-Dade County, Florida.

19. Easement contained in Warranty Deed recorded in O.R. Book 9158, Page 201, Public Records of Miami-Dade County, Florida.

20. Easement recorded in O.R. Book 22540, Page 3223, Public Records of Miami-Dade County, Florida.

21. Easement recorded in O.R. Book 22152, Page 2157, Public Records of Miami-Dade County, Florida.

22. Order recorded in O.R. Book 22156, Page 874, Public Records of Miami-Dade County, Florida.

23. Easement and Memorandum recorded in O.R. Book 25459, Page 4580, modified by Modification and Amendment recorded in O.R. Book 21259, Page 4582, Assignment of Easement recorded in O.R. Book 21223, Page 5688, Public Records of Miami-Dade County, Florida.

24. Easement Mortgage recorded in O.R. Book 12589, Page 2568, Public Records of Miami-Dade County, Florida.

25. Modification Order recorded in O.R. Book 21251, Page 3215, and in O.R. Book 21259, Page 1875, Public Records of Miami-Dade County, Florida.

26. Assignment of Declarant’s and Developer Rights recorded in O.R. Book 22154, Page 2156, assigned in O.R. Book 28985, Page 3054, Public Records of Miami-Dade County, Florida.

27. Assignment of Easement recorded in O.R. Book 25495, Page 2458, Public Records of Miami-Dade County, Florida.

28. Perpetual Non-Exclusive Agreement in favor of the City of Miami Beach recorded in O.R. Book 22150, Page 8541. Such easement states the purposes of a construction and maintenance of a public road and public pedestrian right-of-way; installation and maintenance of underground utility lines and services.

29. Coverage is excepted as to riparian and littoral rights; the possible right of the public to use beach area and/or waterways; and any Land insured herein that was formerly or is currently submerged, including any filled lands, artificially exposed lands, and lands accreted to such lands, for the rights of the United States Government and the State of Florida. If the Navigational Servitude Endorsement is attached to this policy and made a part hereof, the coverage afforded thereby shall not extend to any portion of the Land subject to a claim of ownership by the State of Florida by right of sovereignty. This clause replaces Commitment exception #3 (the General Sovereignty Land exception).

Sample title commitment with title defect

Florida First Title Insurance Company

American Land Title Association Commitment

Schedule A

Transaction Identification Data for reference only:

Commitment Number: 1215056    Revision Number: None
Issuing Office File Number: 21-2545    Issuing Office: 12232
Property Address: 1212 Collins Avenue, PH6001, Miami, FL 33112
Loan ID Number: 1252321    ALTA Universal ID: None
Issuing Agent: Miami Title Services, Inc.

1. Commitment Date: September 1, 2021 @ 10:00 AM

2. Policy to be issued:
OWNER’S: ALTA Owner’s Policy (6/17/06) (With Florida Modifications)
Proposed Insured: Chris Buyer Doe and Sarah Buyer Doe
Proposed Policy Amount: $2,500,000
MORTGAGEE: ALTA Loan Policy (6/17/06) (With Florida Modifications)
Proposed Insured: National Western Bank N.A., its successors and/or assigns as their interests may appear
Proposed Policy Amount: $1,500,000

3. The estate or interest in the Land described or referred to in this Commitment is FEE SIMPLE. (Identify estate covered, i.e., fee, leasehold, etc.)

4. Title to the estate or interest in the Land is at the Commitment Date vested in: John Seller Smith and Beth Seller Smith

5. The Land is described as follows:

Condominium Unit PH6001, of One Miami Beach, a Condominium, according to the Declaration of Condominium recorded in Official Records Book 21254, Page 4060, as amended by Amendment to Declaration of One Miami Beach, a Condominium, and By-Laws of One Miami Beach Condominium Association, Inc. recorded in Official Records Book 29339, Page 3455, and Second Amendment to Declaration of Condominium of One Miami Beach, a Condominium, recorded in Official Records Book 29677, Page 3429, of the Public Records of Miami-Dade County, Florida, and all as further amended and/or supplemented from time to time, together with an undivided interest in the common elements appurtenant thereto.

Requirements

All of the following requirements must be met:

  1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions.

  2. Pay the agreed amount for the estate or interest to be insured.

  3. Pay the premiums, fees, and charges for the Policy to the Company.

  4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records.

    A. Corrective Special Warranty Deed from Miami Developer Property Owner LLC, a Florida limited liability company to John Seller Smith and Beth Seller Smith. The Special Warranty Deed recorded August 1, 2019 in Official Records Book 31477, Page 156, Public Records of Miami-Dade County, Florida, is defective due in that the legal description is incorrect and should read PH6001 instead of 6001.

    B. Warranty Deed from John Seller Smith and Beth Seller Smith, joined by spouse, if married, or non-homestead language, to the proposed purchaser(s).

    C. Mortgage from Chris Buyer Doe and Sarah Buyer Doe, husband and wife, to the proposed mortgagee(s).

    D. Written consent of the Board of Directors of One Miami Beach Condominium Association, Inc., must be obtained and recorded with respect to the sale of the subject property to the proposed insured purchaser(s).

  5. Record satisfaction of the mortgage from John Seller Smith and Beth Seller Smith to Florida Group Lender Inc., a Florida corporation recorded in O.R. Book 14548, Page 2325, as modified by the Second Modification of Mortgage Agreement recorded July 14, 2020, in Official Records Book 21523, Page 1250, both of the Public Records of Miami-Dade County, Florida.

  6. Record satisfaction or release of that certain Claim of Lien duly recorded June 1, 2020, in O.R. Book 25214, Page 1143, Public Records of Miami-Dade County, Florida.

  7. Condominium estoppel letter must be furnished showing that the assessments are current and that there are no unpaid special assessments.

  8. Execution of closing affidavit by appropriate parties representing possession and no adverse matters, including actions taken by owner or others that would give rise to litigation or lien.

  9. Closing funds must be disbursed by or at the direction of the Title Agent issuing this policy.

  10. Affidavit from owner, or other person having actual knowledge, establishing that no person other than the owner is in possession.

  11. An update of the title search must be completed just prior to the closing and the commitment must be endorsed to require clearance of, or take exception for, any additional title defects or adverse matters found.

  12. Proof of redemption of Tax Sale Certificate No. 2250 for taxes for the year 2020 must be furnished .

  13. FOR INFORMATIONAL PURPOSES ONLY, the following constitutes a 24-month Chain of Title preceding the effective date hereof and constitutes conveyances and transfers of ownership only: Special Warranty Deed from Miami Developer Property Owner LLC to John Seller Smith and Beth Seller Smith, recorded August 1, 2019 in O.R. Book 31477, Page 156, Public Records of Miami-Dade County, Florida.

  14. NOTE: 2020 Real Estate Taxes Under Folio No. 0l-3230-095-2640, PAST DUE in the amount of $60,002. 2020 Gross tax amount is $52,056.82. No prior year taxes due.
    NOTE: Final Owner’s Policy will delete standard exceptions 2-5 inclusive of the Owner’s Schedule B.
    NOTE: Final Owner’s Policy will contain ALTA Endorsements 4.1.
    NOTE: Final Mortgagee Policy will contain ALTA Endorsements FF-9, 8.1 and 4.1.

Exceptions

THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN.

The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company:

  1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the Commitment Date hereof but prior to the date the Proposed Insured acquires for value of record the estate or interest or Mortgage thereon covered by this Commitment.

  2. a. General or special taxes and assessments required to be paid in the year 2021 and subsequent years.
    b. Rights or claims of parties in possession not recorded in the Public Records.
    c. Any encroachment, encumbrance, violation, variation or adverse circumstance that would be disclosed by an inspection or an accurate and complete land survey of the Land and inspection of the Land.
    d. Easements or claims of easements not recorded in the Public Records.
    e. Any lien, or right to a lien, for services, labor or material furnished, imposed by law and not recorded in the Public Records.

  3. Any Owner’s Policy issued pursuant hereto will contain under Schedule B the following exception: Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the Land insured hereunder, including submerged, filled and artificially exposed lands, and lands accreted to such lands.

  4. Any lien provided by County Ordinance or by Chapter 159, F.S., in favor of any city, town, village or port authority, for unpaid service charges for services by any water systems, sewer systems or gas systems serving the land described herein; and any lien for waste fees in favor of any county or municipality.

  5. Declaration of Condominium of One Miami Beach, a Condominium, and all exhibits attached thereto and recorded July 1, 2015, in O.R. Book 21253, Page 3254, together with amendments thereto recorded in: O.R. Book 21259, Page 3154; O.R. Book 14527, Page 3149; O.R. Book 14562, Page 458 and O.R. Book 31254, Page 456, Public Records of Miami-Dade County, Florida (hereinafter “Declaration”). Such Declaration may establish and provide without limitation for easements, liens, charges, assessments, an option to purchase, a right of first refusal, and/or the prior approval of a future purchaser or occupant. [state if applicable and if issuing a Form 9.1-06 or 9.2-06: right of reentry and the possibility of reversion or forfeiture of title].

  6. All matters contained on the Plat of Elwood Court Bay Front Section, as recorded in Plat Book 11, Page 80, Public Records of Miami-Dade County, Florida.

  7. All matters contained on the Plat of Haines Bayfront, as recorded in Plat Book 12, Page 45, Public Records of Miami-Dade County, Florida.

  8. All matters contained on the Plat of Saxon-Bay Front Subdivision, as recorded in Plat Book 154, Page 89, Public Records of Miami-Dade County, Florida.

  9. Sanitary Sewer Easement recorded December 7, 1941 in Deed Book 1264, Page 145, Public Records of Miami-Dade County, Florida.

  10. Sanitary Sewer Easement recorded December 9, 1942 in Deed Book 1255, Page 145, Public Records of Miami-Dade County, Florida.

  11. Sanitary Sewer Easement recorded December 12, 1943 in Deed Book 1985, Page 154, Public Records of Miami-Dade County, Florida.

  12. Easement Agreement in favor of Miami-Dade County, Florida, a political subdivision of the State of Florida recorded December 15, 2004 in O.R. Book 12562, Page 1258, Public Records of Miami-Dade County, Florida.

  13. Agreement for Water and Sanitary Sewage Facilities recorded November 1, 2006 in O.R. Book 22125, Page 4458, Public Records of Miami-Dade County, Florida.

  14. Declaration of Restrictive Covenants in Lieu of Unity of Title recorded May 1, 2006 in O.R. Book 22254, Page 98, as amended by Amendment to Declaration of Restrictive Covenants in Lieu of Unity of Title recorded September 9, 2007 in O.R. Book 22325, Page 1785, Public Records of Miami-Dade County, Florida.

  15. City of Miami Resolution No. R-09-0146 recorded May 9, 2008 in O.R. Book 22585, Page 1253, Public Records of Miami-Dade County, Florida.

  16. Restrictive covenants running with land recorded in O.R. Book 32521, Page 4125; O.R. Book 35221, Page 858;O.R. Book 32125, Page 2125; O.R. Book 20125, Page 2125 and O.R. Book 32525, Page 1235, Public Records of Miami-Dade County, Florida.

  17. Covenants running with land recorded in O.R. Book 23252, Page 4525 and O.R. Book 25852, Page 4526, Public Records of Miami-Dade County, Florida.

  18. Water and sewer facilities agreement recorded in O.R. Book 25856, Page 4585 and O.R. Book 25852, Page 789, Public Records of Miami-Dade County, Florida.

  19. Easement agreements recorded in O.R. Book 32521, Page 2585; O.R. Book 32521, Page 2125 and O.R. Book 32512, Page 3325, Public Records of Miami-Dade County, Florida.

  20. Hold Harmless Agreement recorded in O.R. Book 25856, Page 454, Public Records of Miami-Dade County, Florida.

  21. Agreement recorded in O.R. Book 25858, Page 456, Public Records of Miami-Dade County, Florida.

  22. Grant of Telecommunications Easement recorded in O.R. Book 21232, Page 1235, Public Records of Miami-Dade County, Florida.

  23. Coverage is excepted as to riparian and littoral rights; the possible right of the public to use beach area and/or waterways; and any Land insured herein that was formerly or is currently submerged, including any filled lands, artificially exposed lands, and lands accreted to such lands, for the rights of the United States Government and the State of Florida. If the Navigational Servitude Endorsement is attached to this policy and made a part hereof, the coverage afforded thereby shall not extend to any portion of the Land subject to a claim of ownership by the State of Florida by  right of sovereignty. This clause replaces Commitment exception #3  (the General Sovereignty  Land exception).

  24. Any loss or damage for unpaid assessments pursuant to Sec. 718.l16(l)(a), F.S., notwithstanding any assurances to the contrary in any attached ALTA Endorsement 4.1-06 or 5.1-06 as to the owner’s policy.

  25. Any loss or damage caused by a lien for assessments pursuant to Sec. 718.116(5)(a), F.S., notwithstanding assurances to the contrary in any attached ALTA Endorsement 4.1-06, 5-06 or 9-06 as to the loan policy.

Disclosure: Hauseit® and its affiliates do not provide tax, legal, financial or accounting advice. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, tax, legal, financial or accounting advice. No representation, guarantee or warranty of any kind is made regarding the completeness or accuracy of information provided. Hauseit LLC is a Licensed Real Estate Broker, licensed to do business in New York under license number 10991232340. Principal Office: 244 Fifth Avenue, Suite 2950, New York, NY 10001.

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