Buyer Intake questionaire
Congratulations on the upcoming closing of you property! Our office will be handling the closing of this transaction and we look forward to working with you. Thank you for choosing A1 Title Services!
Manuela De Armas (Manny) will be your processor/closer. She will be handling the file through closing. Manny can be reached at:
Phone: (305) 274-9898 ext. 208
For your convenience, the processor and closer will monitoring all of the day-to-day details of your file. You will be updated weekly to minimize the amount of communications received as these can interrupt a processor and potentially delay the closing.
Please take a moment to complete the following Intake forms within 2 days of receipt of this link to avoid any delays in the closing process. It is extremely important that you provide us with all of the requested information that pertains to you. Please verify that all the information is correct in order to keep the closing process moving timely.
If you have any questions or concerns please feel free to contact the processor assigned to the file.
RESIDENTIAL DEPOSIT ESCROW AGREEMENT
We, the undersigned, hereby instruct and authorize A-1 Title Services (“Escrow Agent”) to hold in escrow the sum of $ _____________ (“Funds”) pursuant to that contract between Purchaser and Seller dated ________________ , under the following terms and conditions:
The Funds received herein are for use as a binder deposit from the purchaser for the purchase of the above referenced property, to be held in escrow until the closing of the above property, at which time the same shall be credited towards the purchase price (on a cash transaction) or towards the down payment (on a financed transaction as per lender’s instructions) on behalf of the purchaser.
The undersigned is/are hereby notify that A-1 Title Services DOES NOT have or offers an interest bearing escrow account. All escrow deposits will be placed in the company’s non-bearing escrow account. No interest is gained on these monies for which reason no interest will be paid on said monies.
In the event this transaction is not completed, for any reason, written disbursement instructions, signed by all parties to this Agreement, must be delivered to Escrow Agent before the Funds held hereunder will be disbursed. Said escrow instructions must clearly state to whom the Funds are to be disbursed and in what
amounts. Escrow Agent is not responsible for determining the authenticity of the written disbursement instructions.
All checks, money orders or drafts will be processed for collection in the normal course of business. Escrow agent may commingle Funds received by it in escrow with escrow funds of others, and may without limitation, deposit such Funds in its custodial or escrow accounts with any reputable trust company, bank, savings bank, savings association, or other financial services entity, including any affiliate of Escrow Agent. Limitations of Liability : Without limitation, Escrow Agent shall not be liable for any loss or damage resulting from the following:
• The financial status or insolvency of any other party, or any misrepresentation made by any other party The legal effect, insufficiency, or undesirability of any instrument deposited with or delivered by or to Escrow Agent or exchanged by the parties hereunder, whether or not Escrow Agent prepared such instrument.
• The default, error, action or omission of any other party to the escrow.
• Any loss or impairment of Funds that have been deposited in escrow while those Funds are in the course of collection or while those Funds are on deposit in a financial institution if such loss or impairment results from the failure, insolvency or suspension of a financial institution, or any loss or impairment of Funds due to the invalidity of any draft, check, document or other negotiable instrument delivered to the Escrow Agent.
• The expiration of any time limit or other consequence of delay, unless a properly executed settlement instruction accepted by Escrow Agent has instructed the Escrow Agent to comply with said time limit.
• Escrow Agent’s compliance with any legal process, subpoena, writ, order, judgment or decree of any court, whether issued with or without jurisdiction and whether or not subsequently vacated, modified, set aside or reversed.
• Any obligation to collect additional funds, unless such obligation is in writing and signed by the Escrow Agent.
Upon completion of the disbursement of the Funds and delivery of instruments, if any, Escrow Agent shall be automatically released and discharged of its escrow obligations hereunder and all liability associated with this escrow. Escrow Agent will have no liability under this Escrow Agreement unless the Escrow Agent is determined by a court of competent jurisdiction to be grossly negligent in the performance of the duties set forth herein.
Any changes to the terms and conditions shall be made only in writing, signed by all parties to this agreement.
These conditions of escrow shall apply to and be for the benefit of agents of the Escrow Agent employed by it for services in connection with this escrow, as well as for the benefit of Escrow Agent.
Attorney’s Fees: In the event that litigation is initiated relating to this escrow agreement, the parties hereto agree that the prevailing party shall be entitled to attorney’s fees, court costs and expenses. To the extent that Escrow Agent holds Funds under the terms of this escrow, the parties hereto, other than Escrow Agent, agree that the Escrow Agent is entitled to reimbursement of attorney’s fees, court costs and expenses relating to said litigation as they are incurred by Escrow Agent from the escrow deposit, without limiting any other rights of recovery from the Purchaser and Seller directly.
In the event conflicting demands are made on Escrow Agent, or Escrow Agent, in good faith, believes that any demands with regard to the Funds are in conflict or are unclear or ambiguous, Escrow Agent may bring an interpleader action in an appropriate court. Such action shall not be deemed to be the “fault” of Escrow Agent, and Escrow Agent is entitled to reimbursement from the escrow Funds for its reasonable costs and attorney’s fees in connection with same, through final appellate review. In addition, the parties hereto, other than Escrow Agent, hereby jointly and severally indemnify Escrow Agent from all such attorney’s fees, court cost and expenses. All liability and obligations of the Escrow Agent terminates upon the deposit of the Funds into the Court Registry pursuant to an interpleader or other action.
In the event of a conflict between the terms of this Escrow Agreement and the Contract, the provisions of this Escrow Agreement will control.
In the event the terms and conditions of this Escrow Agreement have not been completed within 180 days from the date hereof, the Escrow Agent may deduct the sum of $50 per month from the funds held hereunder as a service fee for maintaining the escrowed funds.
PLEASE NOTE IMPORTANT INFORMATION – PLEASE READ CAREFULLY
Certificate of Use
ATTENTION: If this property is located in Miami-Dade or Unincorporated Miami-Dade County and this transaction was acquired through a Certificate of Title (foreclosure), a Certificate of Use will be required under Miami-Dade Ordinance 08-133. The same is required for the City of Doral under Ordinance 2009-15. Please note that this certificate HAS TO BE obtained by the SELLER prior to offering the property for sale or the county can assess a daily penalty. If the property is located in Hialeah, North Miami, Miami Springs, Miami Gardens or Opa Locka (if applicable), a Certificate of Re-Occupancy is required. Please consult with your Realtor for guidance.
1. If this transaction is lender-financed, we MUST have the final figures, survey & hazard insurance in our office at least 2 business days prior to closing.
2. Anticipated closing dates are based on the Contract Close date. A-1 Title Services strives to complete all required work well in advance of the Contract Close date and facilitate the closing prior to the Contract Close date whenever possible. A-1 Title Services must perform and complete a variety of title work including lien searches, title searches and examination, and estoppel requests when COA’s or HOA’s are involved, and in many cases, subsequent curative work is required in order to ensure clear title.
3. Buyer(s) & Agents will be contacted to schedule the closing at a location convenient to the Buyers anywhere in Florida or elsewhere as needed. EXCEPTION: The closing cannot take place at the property being purchased. The Buyers/Agents will receive a call to schedule the closing once we have all documents in hand and have obtained approval to do so. Please DO NOT schedule a closing. Only the closer is allowed to schedule closings.
4. Table Funding will take place once funds have been received in our escrow account and a funding authorization is obtained from lender (when applicable). At that time the closing is considered complete, all funds will be disbursed. In some cases, additional time may be required depending on circumstances. A-1 Title Services ensures funding occurs as soon as possible in every case.
5. All checks, including insurance, commissions & lender fees will be sent out via USPS (regular mail) unless written instructions are provided prior to closing.
6. We do not perform permit searches unless requested to do so by the Buyer/Lender. If a permit search is required, there will be an additional charge. The Seller will be assessed a Settlement / Closing Fee in the amount of $650.00 payable to A-1 Title Services, which will be reflected on the HUD-1. The Buyer will be assessed a Settlement / Closing Fee in the amount of $849.00 payable to A-1 Title Services, which will be reflected on the HUD Settlement Statement. This fee INCLUDES performing the closing and explanation of all legal documents, title examination fee, incoming wire fees, storage and scanning fees, express mail/regular mail fees, title insurance binder fee, post-closing search fee and a special service where all your closing documents will be stored and accessible for use at any time, FOREVER. Please note that the Settlement/Closing Fee DOES NOT include any policy premiums, abstract or title search, title charges, recording charges, document stamps, intangible taxes, or any other fees or costs that may also be assessed to complete this transaction. If the transaction requires the use of a mobile closer, there will be an additional charge of $150 charged to the buyer.
NOTE: The condominium association or homeowners association connected to subject property may require Consent/Approval of Buyer. Buyer is taking title to property subject to the terms and conditions of recorded restrictions which may contain this requirement. It is the buyer(s) responsibility to determine if consent/approval is required, to obtain copies of all restrictions, and to determine amount, frequency and payee of assessments, if any.
Original COA or HOA approval will be required prior to closing.
**PLEASE NOTE THAT WE DO NOT ORDER TERMITE INSPECTIONS OR PROPERTY INSPECTIONS. THESE ARE THE RESPONSIBILITY OF THE BUYER TO OBTAIN ACCORDING TO THE SALES CONTRACT AND/OR BUYER’S PREFERENCE.
Acceptable forms of payment for Earnest Money Deposits and Funds to Close
***CASH IS NEVER ACCEPTED***
Earnest Money Deposits
A personal check drawn from a U.S bank account or other certified funds may be used for Earnest Money Deposits. FUNDS MUST BE RECEIVED BY A1 TITLE SERVICES 10 DAYS OR MORE BEFORE THE SCHEDULED CLOSING DATE.
Only WIRE TRANSFERS will be accepted during the last 10 business days of any transaction.
*A1 Title Services, may grant an exception to use certified funds up to a maximum of $1,500 on a per case basis, within the final 10 business days of the transaction.
Funds to Close
Funds to close will only be accepted via WIRE TRANSFER.
(Unless deposited with A-1 Title Services, 10 days or more prior to the scheduled closing).
Email with questions: email@example.com
WAYS OF VESTING TITLE
There are a variety of forms that can be used for vesting title of ownership of a property.
The more common ways of vesting title in the state of Florida include but must be limited to only one of the following vesting descriptions:
BE ADVISED that the Title Company and its employees may not advise the buyer on how they should vest title to their property. Please read the vesting and descriptions below and if you still have questions regarding how it would be best to have the title to your property vested you will need to contact your attorney for advice.
1) Husband and Wife: With each owning one-half. Neither spouse can sell the property without the
consent of the other. Upon death the decedent’s interest passes to the spouse. Words in the deed such as “John and Mary Smith, husband and wife.
2) Sole Ownership: Owned entirely by one person. Words in the deed such as “John Smith, a single man” establishes title as sole ownership.
3) Tenants in Common: Upon death, the decedent’ s interest passes to his/her heirs named in the will who then become new tenants in common with the surviving tenants in common. Words in the deed such as John Smith, a single man and Peter Jones, a single man, as tenants in common.
4) Tenants in Common as to an undivided interest: The fractional interests may be unequal. Each co-tenant may sell, lease or will to his/her heir that share of the property belonging to him/her. For example: John Smith, a single man, as to an undivided ¾ interest, and Mary Jones, a single woman, as to an undivided ¼ interest, as tenants in common.
5) Joint Tenants with rights of survivorship: Each joint tenant has an undivided right to possess the whole property and a proportionate right of equal ownership interest. When one joint tenant dies, his/her interest automatically vests in the surviving joint tenant(s) Words in the deed such as “John Smith, a married/single man and Peter Jones, a married/single man, as joint tenants with right of survivorship.
ZONING AND BUILDING CODE COMPLIANCE, PENDING CODE ENFORCEMENT VIOLATIONS, OPEN PERMITS DISCLOSURE
It is hereby agreed and understood by the Buyer(s) signing below that neither Commonwealth Land Title Insurance Company nor A-1 Title Services, or its agent, has conducted any searches to ascertain the property; the improvements located thereon; or any proposed use of the property; complies with applicable City or County Building and Zoning Codes, including but not limited to, Miami-Dade County Ordinance 08-133 or any pending code enforcement issues and/or open permits except to the extent of any notice of a violation regarding any Building and Zoning Matter being recorded in the Official Records Books of the County containing the property that are already listed on your title commitment.
It is hereby further agreed and understood by the parties signing below that in the absence of a notice of violation regarding such matters being recorded in said Official Records Books, no insurance coverage regarding any Building and Zoning Matter is being provided by any title policy issued in connection herewith and neither Commonwealth Land Title Insurance Company nor A-1 Title Services, or its agent, is responsible for any fees, costs or expenses arising from the existence of any Building and Zoning Matter including any fees, costs or expenses incurred in complying with any City or County Building and Zoning Code.
Any non-recorded Building and Zoning Matter may seriously affect the Buyer’s use and enjoyment of the property and entail substantial financial consequences; the Buyer is urged to seek the advice of counsel and/or conduct further due diligence regarding these matters. For and in consideration of A-1 Title Services’ agreement to close the transaction involving the Property and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged; the undersigned hereby releases and indemnifies A-1 Title Services and Commonwealth Land Title Insurance Company, their successors, parent companies, subsidiaries, past, present and future officers, directors, employees and agents, from any all liability and cause(s) of action relating to, around, arising out of and/or in connection with any unrecorded Building and Zoning Matters.
Notice to Buyers
Commonly Asked Questions
1) When do I get my keys?
Normally, the keys will be released by the Listing agent the day of closing. The keys cannot be released until all of the specific
elements of the closing listed below have been completed.
a. All executed documents must be received by A-1 Title Services
b. All closing funds have been received
c. The lender (if applicable) has reviewed signed closing documents and given
disbursement authorization to A-1 Title Services
The Listing Agent will deliver the keys to the buyer, not A-1 Title Services
2) Are personal checks acceptable for closing proceeds?
No, personal checks are NOT an acceptable form of closing proceeds. All closing funds must be wired to the title company on or before the day of closing. (The only time a personal check can be accepted is if your total cash to close is less than $1500.00. by exception only)
3) Who do I write the Cashier’s Check payable to?
Cashier’s Check will be payable to A-1 Title Services. Please refer to “Acceptable Funds for Closing Proceeds” for maximum acceptable amount.
4) What documents do I need to bring to the closing?
You need to bring 2 legal, unexpired identifications, one of them has to be a picture ID, and any other document required by the lender (if applicable) or by us as part of your closing.
5) Who is responsible for obtaining a Condo/Association approval?
It is the buyer’s responsibility to apply and obtain this approval. Please ask your Realtor for guidance. The original certificate of approval will be required prior to closing.
6) Who is responsible for obtaining a CU or C-RO?
A Certificate of Use (CU) is required to be obtained by the Seller, unless noted otherwise on the sales contract.
A Certificate or Re-Occupancy (C-RO) is required to be obtained by the buyer, unless otherwise noted on the sales contract with the Seller’s consent. The seller has to provide access to the property for county/city inspections.
7) Who schedules the closing?
The closer is the ONLY person authorized to schedule a closing. She will do so once all requirements have been met and the file
is ready to close.
8) Who long does a closing take?
A closing can take anywhere from ½ an hour to 1½ hours depending on the type of transaction. Ex: a cash transaction vs. a financed transaction. It also depends on the parties’ knowledge of the closing documents.
9) When can I turn on my utilities?
Right after closing after you have been given possession of the home.
10) When will I receive my original deed and title policy?
It can take up to 60 days after the date of closing. The Deed has to be recorded in the County Clerk’s office and returned to A-1 Title Services before the policy can be prepared. There can be delays with the County Clerk’s office which are outside of our control.
A-1 Title Services will exhaust all resources to reduce that delay and distribute the Deed and policy as soon as possible.
*** A-1 Title Services is a title agent. Fidelity National Financial, Inc. is the insurance company.
Fidelity National Financial, Inc.
Fidelity National Financial, Inc. and its subsidiaries (“FNF”) respect the privacy and security of your non-public personal information (“Personal Information”) and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNF’s privacy practices, including how we use the Personal Information we receive from you and from other specified sources, and to whom it may be disclosed. FNF follows the privacy practices described in this Privacy Statement and, depending on the business performed, FNF companies may share information as described herein.
Personal Information Collected
We may collect Personal Information about you from the following sources:
• Information we receive from you on applications or other forms, such as your name, address, social security number, tax identification number, asset information, and income information;
• Information we receive from you through our Internet websites, such as your name, address, email address, Internet Protocol address, the website links you used to get to our websites, and your activity while using or reviewing our websites;
• Information about your transactions with or services performed by us, our affiliates, or others, such as information concerning your policy, premiums, payment history, information about your home or other real property, information from lenders and other third parties involved in such transaction, account balances, and credit card information; and
• Information we receive from consumer or other reporting agencies and publicly recorded documents.
Disclosure of Personal Information
We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following:
• To insurance agents, brokers, representatives, support organizations, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction;
• To third-party contractors or service providers for the purpose of determining your eligibility for an insurance benefit or payment and/or providing you with services you have requested;
• To an insurance regulatory authority, or a law enforcement or other governmental authority, in a civil action, in connection with a subpoena or a governmental investigation;
• To companies that perform marketing services on our behalf or to other financial institutions with which we have joint marketing agreements; and/or
• To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined, settled, paid or released prior to a title or escrow closing.
We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure is reasonably necessary to comply with the law or to protect the safety of our customers, employees, or property and/or to comply with a judicial proceeding, court order or legal process.
Disclosure to Affiliated Companies – We are permitted by law to share your name, address and facts about your transaction with other FNF companies, such as insurance companies, agents, and other real estate service providers to provide you with services you have requested, for marketing or product development research, or to market products or services to you. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law.
Disclosure to Nonaffiliated Third Parties – We do not disclose Personal Information about our customers or former customers to nonaffiliated third parties, except as outlined herein or as otherwise permitted by law.
Confidentiality and Security of Personal Information
We restrict access to Personal Information about you to those employees who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard Personal Information.
Access to Personal Information/ Requests for Correction, Amendment, or Deletion of Personal Information
As required by applicable law, we will afford you the right to access your Personal Information, under certain circumstances to find out to whom your Personal Information has been disclosed, and request correction or deletion of your Personal Information. However, FNF’s current policy is to maintain customers’ Personal Information for no less than your state’s required record retention requirements for the purpose of handling future coverage claims.
For your protection, all requests made under this section must be in writing and must include your notarized signature to establish your identity. Where permitted by law, we may charge a reasonable fee to cover the costs incurred in responding to such requests. Please send requests to:
Chief Privacy Officer
Fidelity National Financial, Inc.
601 Riverside Avenue
Jacksonville, FL 32204
Branded or Co-Sponsored Websites
If you provide Personal Information to us through a co-branded or co-sponsored website, you may be providing such information to the co-sponsor as well. In that event, we will make reasonable efforts to provide notice to you at the time you provide the information and you can decide whether you wish to do so. If you do submit such information, we will not be responsible for the use of the information you submit by the co-sponsor.
Links to Other Websites
Our websites may contain links to websites that are provided and maintained by third parties and that are not subject to this Privacy Statement. Please review the privacy statements on those websites. We make no representations concerning and are not responsible for any such third party websites or their privacy policies or practices.
Our websites may use “cookies” or similar technologies to improve our service to you. Our cookies do not collect your Personal Information. Your browser can most likely be configured to notify you when cookies will be received and offer you the option of refusing cookies. If you reject cookies, you may still use our websites, but your ability to use some areas may be limited.
Changes to this Privacy Statement
This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy Statement, we will post a notice of such changes on our website. The effective date of this Privacy Statement, as stated above, indicates the last time this Privacy Statement was revised or materially changed.