Title insurance insures, defends, indemnifies, and protects the policyholder against claims or losses arising from a defect or claim against the title to real property. Title insurance is usually issued to the buyer of real property by the title company that conducted the title search.
In Florida, title insurance is a form of indemnity insurance that protects the policyholder from financial loss due to defects in the title to real property. When a property is bought or refinanced, a title search is conducted by a title company to ensure that the seller has a valid claim to the property and that there are no liens, encumbrances, or legal issues that could affect the buyer's ownership rights. If a title defect is found after the purchase, the title insurance policy will cover the legal costs to defend the policyholder's title and compensate for covered losses up to the policy limit. Title insurance is regulated by the Florida Department of Financial Services, and the rates for title insurance are promulgated by the Florida Office of Insurance Regulation. It is a one-time fee paid at the closing of the real estate transaction. In Florida, there are two types of title insurance policies typically issued: an owner's policy, which protects the new owner, and a lender's policy, which protects the lender's interest in the property.