Question 1

How does Schedule B work in Florida title commitments?

Accepted Answer

FL Schedule B: divided into B-I (requirements) and B-II (exceptions). B-I: conditions the title company requires before issuing the policy (typically: recording of the deed, payoff of existing mortgages, satisfaction of liens, and payment of taxes). B-II: exceptions from coverage (the title company will not insure against these items). FL-specific: lis pendens (Chapter 48, Part I: if a lis pendens is recorded, it appears as a B-II exception), HOA/condo restrictions (covenants and restrictions recorded in the official records), and unrecorded matters (FL is a notice state: unrecorded interests may affect title but may not appear in the commitment).

Question 2

What are common FL-specific Schedule B exceptions?

Accepted Answer

FL exceptions: HOA/condo covenants (recorded declarations of covenants, conditions, and restrictions), CDD assessments (community development district bonds and assessments that run with the land), municipal liens (code enforcement liens, utility liens, and special assessments), environmental restrictions (wetland conservation easements, coastal setback lines, and mangrove preservation), and survey matters (FL-specific: waterfront properties may have mean high water line issues, riparian rights, and dock permits). Each: should be evaluated for its impact on the buyer’s intended use of the property.

Question 3

What should a Florida buyer do about unacceptable Schedule B exceptions?

Accepted Answer

Buyer action: identify unacceptable exceptions (exceptions that restrict the intended use, represent undisclosed liens, or create material risk), notify the seller and title company in writing (within the title objection period specified in the contract), request cure (the seller must take action to remove or resolve the exception), and if not cured: the buyer can: terminate the contract and receive a refund of the deposit (per the FAR/BAR contract), or accept the exception and proceed to close (with the understanding that the title policy will not cover the excepted matter).

Title Commitment Schedule B: in Florida

Florida Schedule B Title Commitments

FL Structure

FL-Specific Exceptions

Buyer Action

Related Terms

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