Carla Hall is a title agent whose job is to handle property transactions and issue title insurance policies to protect homeowners from legal issues that could disrupt their ownership. As a title agent, she conducts closings, processes paperwork, and issues insurance policies to buyers that protect them from "clouds" on the title like errors or undisclosed heirs that could allow others to claim ownership. She explains that her role is to ensure homeowners receive clear and legitimate ownership by clearing up any title defects, which her insurance would then cover the costs of defending. While most people don't understand her role, title insurance provides important protection for homeowners that can save them significant legal fees if any title issues emerge after the purchase.

1. Be Invested, Protected, Secure.
By Carla Hall
“What do you do for a living?” is such a common question
that most of us have an easy answer whenever it comes up.
However, as I struggled to explain what I did as a title agent
to regular folks it became increasingly clear that the general
public had very little knowledge regarding the need for my
product, and many had trouble recalling if they had received
a title insurance policy upon making their biggest investment,
their home.
After years as a professional I have fine-tuned my response
to that question: I am the neutral party that handles a
property transaction. I conduct the closing and process all paperwork, with the end result of
issuing insurance policies. I am an insurance agent.
When I deal with realtors or mortgage brokers they immediately appreciate my career
choice but outside the business it becomes less clear. I speak often with friends, family and
even prospective home buyers who have been through multiple closings but often aren’t
sure what my purpose is. Yet the most common reply is something like, “Oh, I just renewed
my hazard insurance, why did my premium go up again?”
Ironically I can’t answer that. Although I am an insurance agent, I’m in the business of
insuring your ownership of property, not potential damage to the property itself. What does
that mean? Let’s consider what goes into transferring a title when an average person buys a
home:
What is a title?
The title to a property is the legal right to own and possess land. The title is represented by
a deed, which is transferred from the seller to the buyer at the closing. Unfortunately
business is always more complicated than signing our names and shaking hands. It is
possible for someone else to have a legal right to the property, and if that can be proven,
that person may be able to claim ownership to the property.
How could someone else claim ownership of my property?
Many things can make your title defective, despite an extensive search and exam to
uncover potential problems ahead of time. These defects can show up months or years
after you purchase your home. Unfortunately, these defects could be legitimate and cause
you to have to defend your property rights with legal measures, which could be extremely
costly. We often refer to these defects as a “cloud” on the title, which means that there are
problems that make it unclear, or cloudy, as to legitimate ownership rights, and it is part of
my job to clear those items up.
The most common defects are from incorrectly listed marital status, mistakes in the legal
description on the deed or a mistake when the deed is recorded in public records. Because
a spouse has rights to homestead property they have a legal claim to the deed and needs
to acknowledge this by being included. Often there may be an incorrect legal description on
the deed, simple clerical errors or a mismatch with public records. Creditors may have liens
on the property for debts unpaid by the seller, and these debts could attach to the property.
There could also be undisclosed heirs that might have inheritance rights.

2. Other defects, albeit less common, include forgery, errors in tax records, incorrect execution
of legal documents by minors or incompetent persons, improper delivery of deeds, and
many more.
How do I protect myself?
When you purchase a home, the standard Florida sales contract will stipulate the guidelines
for the title insurance. Typically, the seller will pay for the new owner’s title insurance policy.
This policy will protect the new owner from the defects mentioned above, and many others.
This is a one time policy paid for by the seller as a one time premium at the
settlement/closing. There is no annual renewal premium. This policy will provide this
protection as long as ownership remains unchanged. The policy is typically delivered to the
new owner within 30-60 days after the closing, and should be accompanied by your
recorded original Deed. These are important documents and should be kept in a safe place.
Additionally, if the new buyer is obtaining financing from a mortgage lender, there is a
separate “behind the scenes” process of issuing this lender their own policy. This “lenders
policy” will protect the lender in the event the homeowner defaults on their mortgage
causing the lender to foreclose, the policy simply insures the lender is in first lien position to
take superiority in a foreclosure proceeding.
Odds are that your title agent did a thorough job when handling your closing. Therefore, on
behalf of all title agents, it is our hope that you never need to utilize your policy. Like all
insurances, it is better to have and not need, than need and not have. However, there are
instructions contained in the policy should you ever need to utilize the coverage.
And we do much, much more...
The governing body that licenses title insurance agents is the Florida Department of
Financial Services. Under this direction, we are bound by a fiduciary duty to appropriately
disburse the funds of a transaction to the deserving parties. The time and work load that
goes into a transaction varies depending on its complexity, but at minimum, several hours of
manpower goes into each and every case. Complex cases can take days or even weeks to
finalize. After the closing, there are several hours of post closing details that must be
attended to. The processes that we utilize to see a transaction from start to finish will vary
from agency to agency but the end result will not; the end result is a properly executed and
delivered warranted title.
There are also a number of transactions that must be coordinated to enable the final deal.
As a title agent I maintain relationships with service providers such as property
management companies, land surveyors, appraisers, home owners associations and
condominium associations, tax collectors, clerk of court and legal personnel, municipalities
and utilities companies, as all of these services can be required to obtain proper closing
documentation.
In closing, I hope that this summary helps clarify the very complex job description of title
insurance agent. When you are selling a property, remember that it is your responsibility to
select the settlement and insurance provider. Should you put your confidence in me, I will
guarantee you the personalized service and attention to detail that you deserve, as well as
a closing that is as timely and flexible as possible. Call me today if you have any questions
about the ever changing real estate industry.
Carla Hall
Gulf Coast Equities Title

3. 813-567-5955
727-420-3977