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Can a title company legally deny me title insurance? Florida

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dman

Junior Member
What is the name of your state? Florida

I feel that my title company is making me "jump through additional legal hoops" regarding clear title.

Florida is the best state to reside in because of FL Homestead laws. I have a few encumberances against me, personally but have been placed against my domiciled homestead. I had personally filed an offical declaratory notice of homestead in march 2005 all lien holders had 45 days to take legal action and contest the constitutionality of my homestead status which they had failed to act. The FL Constitution clearly states "YOUR FAILURE TO SO ACT WILL RESULT IN ANY BUYER OR LENDER, OR HIS OR HER SUCCESSORS AND ASSIGNS, UNDER THE ABOVE-DESCRIBED CONTRACT of SALE OR LOAN COMMITMENT TO TAKE FREE AND CLEAR of ANY JUDGMENT LIEN YOU MAY HAVE ON THE PROPERTY." now the title company wants me to get a judicial judgment from the courts to state that my property is homesteaded and has been legally "set apart" which I have already completed. exactly according to fullfil the prerequisite of the law.

can a title company deny me title insurance coverage because of company policy vs florida constitutional law?
 


seniorjudge

Senior Member
Q: can a title company deny me title insurance coverage because of company policy?

A: If you want title insurance, you will do what the title company asks. Otherwise, you will (1) get no title insurance OR (B) get a title insurance policy with an exception on it for what you would not do.
 

dman

Junior Member
seniorjudge said:
Q: can a title company deny me title insurance coverage because of company policy?

A: If you want title insurance, you will do what the title company asks. Otherwise, you will (1) get no title insurance OR (B) get a title insurance policy with an exception on it for what you would not do.
BUT why would I have to be required to EXCEED the constitutional requirements of legally setting apart my domicile homestead? can a title company legally mandate a company policy to an individual in order to obtain the protected right already granted by the FL Constitution? Can they choice who they wish to insure and not insure? or if they denied coverage, could that be considered discrimination if they have not treated prior clients in the same manner? Please advise.


Florida statutes:
Whenever any natural person residing in this state desires to avail himself or herself of the benefit of the provisions of the constitution and laws exempting property as a homestead from forced sale under any process of law, he or she may make a statement, in writing, containing a description of the real property, mobile home, or modular home claimed to be exempt and declaring that the real property, mobile home, or modular home is the homestead of the party in whose behalf such claim is being made. Such statement shall be signed by the person making it and shall be recorded in the circuit court.
(2) When a certified copy of a judgment has been filed in the public records of a county pursuant to s. 55.10, a person who is entitled to the benefit of the provisions of the State Constitution exempting real property as homestead and who has a contract to sell or a commitment from a lender for a mortgage on the homestead may file a notice of homestead in the public records of the county in which the homestead property is located
 

Gadfly

Senior Member
Why? Because it's their necks and $$$ on the line.

This is in the constitution? I thought it was in statute. Let me go look that up. . .
 

HomeGuru

Senior Member
dman said:
What is the name of your state? Florida

I feel that my title company is making me "jump through additional legal hoops" regarding clear title.

Florida is the best state to reside in because of FL Homestead laws. I have a few encumberances against me, personally but have been placed against my domiciled homestead. I had personally filed an offical declaratory notice of homestead in march 2005 all lien holders had 45 days to take legal action and contest the constitutionality of my homestead status which they had failed to act. The FL Constitution clearly states "YOUR FAILURE TO SO ACT WILL RESULT IN ANY BUYER OR LENDER, OR HIS OR HER SUCCESSORS AND ASSIGNS, UNDER THE ABOVE-DESCRIBED CONTRACT of SALE OR LOAN COMMITMENT TO TAKE FREE AND CLEAR of ANY JUDGMENT LIEN YOU MAY HAVE ON THE PROPERTY." now the title company wants me to get a judicial judgment from the courts to state that my property is homesteaded and has been legally "set apart" which I have already completed. exactly according to fullfil the prerequisite of the law.

can a title company deny me title insurance coverage because of company policy vs florida constitutional law?

**A: there is a lot more to this story. You need an attorney to help resolve this mess.
 

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