Real Estate Contracts and Municipal Lien Searches

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Unrecorded municipal liens result from situations where the property owner fails to remit payment to a municipality or fails to comply with the local code. In some cases, these situations can lead to a lien being placed on the property. Municipal lien searches uncover these on both residential and commercial real estate.

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Update: The florida realtors-florida bar (FR-BAR, fka FAR-BAR) has revised their residential real estate contract Paragraph 9. The intent is to define the party who will be responsible to pay for a municipal lien search, if a municipal lien search is performed.

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Municipal Lien and Tax Search Cost, National Association of Realtors, New Federal Mandates Mortgage and Disclosure Procedures, Professional Appraisal Cost, Property Inspection Cost, Property Survey cost, Real Estate Closing, real estate commission, Real Estate Prorated Taxes, REALTOR, South Florida Property Team, Title Abstract Cost, Title Search

DO I NEED A MUNICIPAL SEARCH OR A BUILDING DEPARTMENT SEARCH WHEN PURCHASING A HOME? When purchasing a home, it is always necessary to have a title search performed of the town land records to verify ownership, and to insure that any existing mortgages, liens or taxes are paid, so that you receive clear title.

The municipal lien search report has different components including real estate taxes and assessments, unpaid utility bills, and code enforcement/open permit issues. The municipal lien search is required because some municipalities and counties consider the nonpayment of utilities a lien on the property (whether legal or not) and therefore, we perform the search to determine if there are any past due amounts.

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Be sure that the real estate contract and title commitment have a municipal lien search as a requirement and the policy will protect against unrecorded liens. Also, be sure to ask for a FULL municipal lien search including permit history. 1

By law, title to property can be affected by various common events.. the current version of the Florida real estate contract utilized by the Florida Association. A municipal lien search reveals the status of: open building permits, zoning or code .

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