Opinion of Title Information
A title opinion is the attorney's professional evaluation of a property's title based on a thorough examination of the official records. The attorney searches the chain of title, identifies all recorded instruments (deeds, mortgages, liens, easements, restrictions), and renders an opinion on: the name and vesting of the current owner, the status of all outstanding mortgages and liens, the existence of any easements or restrictions, the status of property taxes, any title defects or clouds on title, and the marketability of the title for conveyance. A title opinion is different from a title commitment (which is a promise to issue title insurance subject to specified exceptions).
Florida Legal Definition
In Florida, attorneys who issue title opinions are regulated under the Florida Statutes Chapter 627, Part VII (Title Insurance) to the extent they are also acting as title insurance agents. However, attorneys may render title opinions based solely on their examination of the public records without issuing title insurance. Florida Statutes §627.7842 requires attorneys and title insurance agents to conduct a title search of at least 30 years (consistent with the Marketable Record Title Act, Chapter 712) before issuing a commitment or opinion. The attorney's title opinion may serve as the basis for the title insurance commitment that is later issued by the title insurance underwriter.
How It's Used in Practice
In practice, attorneys issue title opinions as part of every real estate closing. The attorney reviews the title search (conducted by the attorney, their staff, or a title abstract company) and renders an opinion on the marketability of the title. If defects are found, the attorney identifies the curative steps needed: obtaining corrective deeds for name errors, recording satisfactions for paid-off mortgages that were never released, filing affidavits to clarify ambiguities, and filing quiet title actions for more serious defects. The title opinion is shared with all parties to the transaction and forms the basis for the title insurance commitment, which lists the defects as schedule B exceptions.
Key Takeaways
- Title opinions are attorney evaluations of title quality and marketability.
- Based on a search of the official records (at least 30 years).
- Identifies owners, encumbrances, defects, and curative steps.
- Serves as the basis for the title insurance commitment.
- Different from title insurance; an opinion is not a guarantee of coverage.
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
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