Title Insurance Boca Raton, FL

What title insurance is and what it protects

Title insurance is a one-time-premium insurance policy that protects the policyholder against defects in real estate title that weren't identified or couldn't have been identified at closing. Unlike most insurance, it's backward-looking: it doesn't cover future events affecting the property, only historical issues with the chain of title.

What title insurance protects against:

Undiscovered liens. Prior owner debts that attached to the property and weren't released, including unrecorded mechanics' liens, IRS tax liens, judgment liens, and HOA assessments.

Forged documents in the chain of title. A prior deed, mortgage release, or assignment that turns out to have been forged or improperly executed.

Errors in public records. Recording errors, incorrect legal descriptions, indexing errors, or other clerical mistakes that affect the chain of title.

Undisclosed heirs or missing parties. A prior owner died without a probate, leaving heirs with potential claims; a former spouse with a marital interest that wasn't addressed; a co-owner whose interest wasn't conveyed.

Boundary disputes and encroachment issues. A neighboring property's structure encroaching across the legal boundary, or a boundary line uncertainty from prior surveys.

Fraud and identity theft. A prior conveyance executed by someone impersonating the true owner.

The title search and examination process is designed to find as many of these issues as possible before closing, so they can be cleared. Title insurance covers what the search couldn't find.

Owner's policy vs. lender's policy

The owner's policy is the policy that matters most to the buyer. The lender's policy protects only the lender's mortgage interest, not the buyer's ownership stake. When a buyer finances the purchase, they typically end up paying for the lender's policy but the seller pays for the owner's policy that protects the buyer's interests.

The title examination process in Boca Raton

Title examination involves searching public records to construct the chain of title for the property going back a defined period (typically 30 years or more, longer for commercial property). The search identifies:

The current owner of record and the deed by which they acquired the property.

Prior owners going back through the search period, with each conveyance documented.

Recorded mortgages and whether they've been satisfied and released.

Recorded liens including tax liens, judgment liens, mechanics' liens, and HOA liens.

Easements and rights of way that may affect use of the property.

Restrictions, covenants, and conditions that may limit how the property can be used.

Survey matters potentially affecting boundary or encroachment issues.

After the title search, a title commitment is issued describing the findings. Any "requirements" must be satisfied before closing (paying off existing mortgages, obtaining releases of expired liens, etc.). The title commitment also lists "exceptions," matters not covered by the policy. After closing and recording, the title commitment converts into the actual title insurance policy.

Title insurance considerations specific to Boca Raton

Boca Raton's market creates several distinct title insurance considerations.

High-value primary residences. Boca Raton primary residences along East Boca, the country club communities west of I-95, and the established neighborhoods often have title insurance issued at policy amounts in the high six or seven figures. The corresponding title examination tends to be more rigorous, with closer attention to chain-of-title gaps, prior trust ownership history, and any past commercial use that may have left environmental or use restrictions.

Northeast relocator buyers. Many Boca Raton buyers relocated from New York, New Jersey, Pennsylvania, Massachusetts, or Connecticut. First-time Florida buyers often aren't familiar with Florida's title insurance customs (seller pays for owner's policy, promulgated rates, simultaneous issue economics). Counsel can walk through the title commitment, explain what's covered, and identify any items needing attention.

Country club community ownership. Boca Raton has substantial country club community inventory (Boca West, Broken Sound, St. Andrews, Polo Club Boca Raton, Royal Palm Polo, Boca Grove, Woodfield). Title work for these communities often involves equity certificate verification, board approval coordination, and community-specific assessment status review alongside the standard title examination.

Condo and HOA-governed property. Boca Raton has substantial condo inventory along the coast (Spanish River, Mizner Lake, Excelsior, One Thousand Ocean) and inland. Condo title work includes association assessment status verification, milestone structural inspection review for buildings 30+ years old, and (for newer construction) review of developer's recorded documents.

Trust and LLC ownership transitions. Boca Raton's high-net-worth population frequently holds property in revocable living trusts or LLC structures. Title insurance for transactions involving trust or entity ownership requires verification of the trust or LLC's authority to convey, often supported by affidavits and entity certifications.

Common title issues and how title insurance handles them

Unreleased prior mortgages. A common search finding: a mortgage that was paid off years ago but never had a satisfaction recorded. This must be cleared before closing, typically through coordination with the prior lender to obtain the recordable satisfaction. Title insurance may cover the cleanup cost if a covered claim arises later.

Outstanding tax liens or HOA assessments. The search will identify these; they must be paid off (typically by the seller) before or at closing for clear title to convey.

Deed gaps in the chain. A prior conveyance that wasn't recorded, or a missing link in the ownership chain. These are typically resolved through quiet title actions or curative deeds before closing can proceed.

Probate gaps. A prior owner died and the property wasn't formally probated; the heirs took possession but never recorded the formal transfer. Resolution typically involves probate or related curative work.

Survey-related issues. Encroachments by neighboring structures, boundary uncertainty, or easement disputes. A current survey often identifies these; they may be resolved through endorsements to the title policy or specific exceptions noted in the policy.

Why work with Kelley, Grant & Tanis, P.A.

Jerron Kelley leads the firm's real estate and title insurance practice, with substantial experience in residential and commercial title work, complex multi-party transactions, and high-value primary residence and condo transactions throughout Palm Beach County. Full attorney bios on our attorneys page.

Our Boca Raton office is local. Clients can meet with us in person at:

• Boca Raton Office: 370 Camino Gardens Blvd., Suite #301, Boca Raton, FL 33432
• West Palm Beach Office: 1645 Palm Beach Lakes Blvd, Suite #1200-3, West Palm Beach, FL 33401

Boca Raton title insurance and closing work is handled either in person at the Camino Gardens office or remotely via remote online notarization (RON). Many Boca Raton transactions involve in-person closings, particularly for higher-value properties; many seasonal-resident transactions are handled remotely. Both workflows produce the same title insurance coverage.

Title insurance integrates with the firm's real estate law, estate planning, asset protection, and association law practices.

Frequently Asked Questions