Selling a Home in Florida: What the Title Company Needs From You

When a sale gets delayed, sellers usually assume the buyer's lender is the reason. Sometimes it is. But a surprising number of delays start with something on the seller's side of the title: a mortgage that was paid off years ago but never released, a spouse who needs to sign, a roof permit that was never closed. None of these are hard to fix when we know about them in week one. They're stressful when we learn about them in week four.

Here's what your Florida title company will ask you for, why, and what to mention right away.

The basics we need from every seller

1. Everyone on title, and their spouses

We need the full legal name, phone number and email for every person on the deed. If you're married, we also need your spouse's information even if they're not on title.

Why: Under the Florida Constitution, if the home is your homestead, a married owner generally needs the spouse to join in the deed. Missing a spouse's signature is one of the most common last-minute surprises.

2. Your prior owner's title policy

If you bought with title insurance, you received an owner's policy after closing. The standard Florida Realtors/Florida Bar contract asks sellers to provide a copy within a few days of the contract. It helps us search more efficiently and may qualify for a reissue credit on the new policy, which matters in most of Florida, where the seller customarily pays for the buyer's owner's policy.

Can't find it? Don't worry. We can still do a full search. Check the closing folder from your purchase first.

3. Mortgage and HELOC information

For every loan secured by the property: the lender's name, your loan number, and the last four digits of your Social Security number for the payoff authorization. Include home equity lines even if the balance is zero.

Why: An open HELOC with a zero balance is still a lien. We need the lender to close it and release it, and the release letter you sign at closing tells them to do that.

4. HOA and condo association contacts

The name of every association (some homes have a master and a sub-association) and the management company. We order the estoppel certificate, which states what you owe. Florida law gives associations 10 business days to provide it, and it's effective for 30 days if delivered electronically, so we want to request it early and track the closing date.

Read more about HOA estoppel certificates.

5. Survey and permit history

If you have a survey from your purchase, send it. It may help the buyer decide whether they need a new one. Also tell us about permitted work: a new roof, AC replacement, windows, pool, enclosed patio. If any permits were opened but never closed out with the building department, the municipal lien search will likely find them, and closing them can take time.

6. Where to send your money

We'll ask how you want to receive your proceeds. We confirm wire instructions by phone, and we never accept changes by email. If you ever get an email that appears to be from us or your agent with new instructions, call us at 888-848-5320 before doing anything.

Situations to tell us about on day one

These don't make a sale impossible. They just change the paperwork and timeline.

An owner has passed away. If a co-owner spouse has died, it's often simple: we may need a death certificate. If the only owner has died, the estate usually has to go through a court process before the property can be sold with title insurance. Bring us in early, along with the estate's attorney.

The property is in a trust or LLC. We'll need the trust documents or the LLC's records to confirm who can sign.

You're divorced or divorcing. We may need the final judgment, or the ex-spouse's signature, depending on how title is held.

You're not a U.S. citizen or resident. Federal FIRPTA withholding may apply, usually 15% of the sale price unless an exception or reduced rate applies. Plan with a CPA early. See our FIRPTA guide.

You won't be in Florida at closing. You can sign ahead by mail-away, with a mobile notary, or through remote online notarization. See how remote closings in Florida work.

You owe more than the home is worth. A short sale needs lender approval. Read Short Sales in Florida.

There's a judgment or lien you know about. Tell us. We can often get a payoff and resolve it at closing.

What sellers usually pay at closing in Florida

Your contract controls, but under the standard Florida contract and local custom, sellers commonly pay:

• Documentary stamp tax on the deed: 70 cents per $100 of the price (60 cents in Miami-Dade, plus a surtax on properties other than single-family homes). On a $450,000 sale outside Miami-Dade, that's $3,150.

• The owner's title policy for the buyer, in seller-pay counties (most of the state, including the Orlando area). See Who Pays for Title Insurance in Florida? A Seller's Guide.

• Your mortgage payoff and any liens.

• Prorated property taxes for the part of the year you owned the home, since Florida taxes are paid in arrears.

• Association items shown on the estoppel, plus any fees your contract assigns to you.

• Commissions under your listing agreement.

Ask your agent or our team for a seller net sheet early so you know what you'll walk away with.

What happens on closing day

You'll sign the deed, a seller's affidavit about liens and possession, the settlement statement and a few other documents. Bring a valid photo ID. If you can't attend the buyer's closing, you can sign in advance. After the buyer's funds arrive, the lender (if any) authorizes funding, and documents are ready to record, we pay off your liens and send your proceeds.

Leave the keys, garage remotes, mailbox keys and any pool or gate fobs with your agent or at the closing.

A quick seller checklist

• Names and contacts for everyone on title and their spouses

• Prior owner's title policy and survey

• Lender names and loan numbers, including HELOCs

• HOA/condo names and management contacts

• Permit history for major work

• Trust, LLC, probate, divorce or FIRPTA situation, if any

• Valid ID and verified wire instructions

Working with American Title Trust

In most of Florida, you, the seller, choose the title company. We're a woman-owned title company headquartered in Orlando, closing throughout Florida, and we'd be glad to handle your sale. Hablamos español.

Selling your home? Visit amtitletrust.com or call 888-848-5320.

FAQ

What documents do I need to sell my house in Florida?

A valid photo ID, your prior owner's title policy and survey if you have them, mortgage and HELOC information, HOA contacts, and any trust, LLC, probate or divorce documents that affect who can sign.

Can I sell my Florida house if my spouse isn't on the deed?

Usually yes, but if the property is your homestead, Florida law generally requires your spouse to sign the deed. Tell your title company early.

How long after closing do sellers get paid in Florida?

Once the buyer's funds are in, the lender authorizes funding and the documents are cleared for recording. On cash deals that's often the same day.

This article is for general information only and is not legal, tax, or financial advice. Laws and rates change, and every transaction is different. Please consult a Florida-licensed attorney, CPA, or other qualified professional about your situation. American Title Trust, LLC is a Florida-licensed title insurance agency (License W373227), not a law firm. Title insurance is underwritten by WFG National Title Insurance Company. Florida title insurance premiums are set by the State of Florida. Information current as of the date published above.