Lien Search Q & A:

Q. What is a lien search?

A. While the name implies a search for recorded liens a lien search or municipal lien search is property debt research conducted to identify unrecorded fees or assessments. These fees may stem from governmental ordinances or utility services. Left unpaid any such fees may encumber a property and potentially become a recorded lien. A Florida lien search, F.S. Chapter 159 search is typically required of title agents for purposes of removing exceptions when issuing title insurance policies. Nationwide lien searches for real estate due diligence purposes are available.

Q. Will you check for recorded liens?

A. No, this is beyond our scope of work

Code Enforcement Q & A

Q. What is a code enforcement violation?

A. Failure to comply with the applicable municipal or county ordinances can result in a code enforcement violation. Violations remain with the property and become the responsibility of the current owner of record and can range from issues such as overgrown lots to illegal construction. Correction of a violation may be costly depending on the nature of the violation and if the violation is not remedied, fines may be imposed.

Q. Why do I need a code enforcement search?

A. Code enforcement violations remain with the property regardless of any change of ownership. Failure to expose any existing violations prior to closing could result in fines and assessments being levied against a property owner who was not responsible for the original violation(s). Obtaining a code violation search in advance of closing can alert buyers and even lenders to issues which could affect the property value itself and matter which may require expenditures and/or immediate attention on the part of the buyer.

Q. Are code enforcement and open permit searches automatically included in a municipal lien search?

A. Not always, in some instances clients can select one or all of these services depending on their specific needs.

Q. Will title insurance cover code enforcement violations?

A. No, title insurance does not insure against these matters. These are specifically omitted from coverage in a title insurance policy. Settlement agents have no obligation to search for code enforcement or open permit matters for closing purposes.

Q. Will my closing agent check for code enforcement violations?

A. Code enforcement violations are often researched by settlement agents however code enforcement matters are excluded from coverage in a title insurance policy therefore most settlement agents are not obligated to specifically check for these issues since there is no requirement for them to do so in order to issue a title insurance policy.

Q. If a fine is paid for any existing violation(s) will the violation case be closed?

A. Not unless the violation is corrected and the fine is paid. If payment for a fine is accepted without compliance for the violation itself, which does happen, the violation still exists and the case will not be dismissed until the violation has been remedied. More importantly, fines generally begin to accrue again if the violation is not corrected within a particular time frame.

Open/Expired Permit Q & A

Q. What is an open or expired permit?

A. An open or expired permit is a permit which has been issued by a county or municipal building department but has not been formally finalized in accordance with established guidelines, typically by means of a final inspection, within the time provided. Once the time has lapsed for the permit to have properly inspected and deemed closed by the issuing department it is referred to as open or expired. Open permits remain with the property and become the responsibility of the current owner of record. They may become violations and there are often fees associated with closing an open permit.

Q. Are code enforcement and open permit searches automatically included in a municipal lien search?

A. Not always, in some instances clients can select one or all of these services depending on their specific needs.

Q. Why do I need an open permit search?

A. Open permits remain with the property, despite any change in ownership. Failure to uncover any open permits prior to closing means that these permits become the responsibility of the new owner. Requirements to remedy an open permit can include fines, fees, completion of pending work and removal of work which does not meet building requirements. Open permits can be quite costly and time consuming.

Q. Will title insurance cover open or expired permits?

A. No, title insurance does not insure against these matters. These are specifically omitted from coverage in a title insurance policy. Settlement agents have no obligation to search for code enforcement or open permit matters for closing purposes.

Q. Will my closing agent check for open or expired permits?

A. As a rule, a closing agent will not request open permit research. Open permit matters are excluded from coverage in a title insurance policy therefore most settlement agents do not specifically check for these issues since there is no requirement for them to do so in order to issue a title insurance policy.

Services Q & A

Q. What is the turnaround time?

A. Turnaround times vary greatly by county and municipality based on the information being requested and ordinances which may govern responses times. It would be misleading to suggest these searches average a certain number of days given the variables. All work is extremely time sensitive, without exception. We strive to obtain all research back as quickly as possible to accommodate every client and every closing. Contact us for written turnaround information regarding your property.

Q. What are the costs?

A. Costs vary by county and municipality based on the information being requested and ordinances which may govern fees charged for the information. Contact us for specific costs regarding your property.

Q. Will my research be guaranteed?

A. We guarantee our work and have maintained a $1,000,000.00 Errors and Omissions Professional Liability Policy without any interruption in coverage since our inception.

Q. Why should we use LSP’s services?

A. Our firm is comprised of experienced real estate and title insurance staff with a comprehensive understanding of the requirements of this complex industry. We are professional and dependable. We have conducted hundreds of thousands of searches and our findings are accurate, reliable and fast.

Q. What other services do you offer?

A. We offer multiple services including HOA estoppel letters and Condo estoppels, estoppel certificates, lien payoff processing for recorded liens, and extensive commercial due diligence services. Please check the services listed on our website and contact us directly if you have any questions regarding anything not noted herein.

Q. What is your billing procedure?

A. Every search is delivered with both an invoice and invoice history reflecting all invoices created for that particular property. Each client can view the complete billing history for that property. Payments for all services are due at closing or net 30 from the statement date, whichever occurs first. We have always generated monthly statements which detail the client file number, property address and sums due. The statements are in a format, which allows for ease of use and may be customized upon client request.

Q. What about cancellations?

A. It has always been our policy to waive our fee for standard lien, code and permit searches when the client cancellation rate does not exceed twenty percent. All hard costs incurred to obtain information remain due and owing and are due and payable upon notification of any cancellation. Exclusions from cancellations include commercial requests, multi-unit, multi-parcel requests and estoppel requests.

NOTE: If you are a Buyer represented by counsel verify what research was performed on your behalf. Buyers without representation may consider asking their settlement agent if a lien search was performed and if the lien search results include code enforcement research and/or open permits.