Title & Real Estate

Excellence. Integrity. Perseverance.

Hialeah, FL Title and Real Estate Attorney

Residential and Commercial Transaction Support in Pembroke Pines, FL

It can be easy to become overwhelmed by all of the complex procedural steps necessary to complete a real estate transaction. You must conduct due diligence to ensure a property has a clear title and will meet your needs. Hiring an experienced legal professional can help you protect your interests and efficiently navigate the closing process.

As a Hialeah, FL title and real estate lawyer, I represent buyers and sellers and can help you take residential and commercial real estate transactions from contract to close. I can prepare, negotiate, and execute all documents necessary to facilitate these transactions and can conduct thorough title examinations. If title defects are discovered, I can help you explore your options for resolving the encumbrance or any other impediment jeopardizing a deal. I am committed to your success and will give your case the personal and dedicated attention it deserves.


Learn more about how we can help with your real estate transaction by scheduling a free initial consultation with The Law Office of Arianna M. Mendez, PLLC. Call (786) 442-2984 or contact us online today!


How Closing a Property in Florida Works

Even the most seemingly straightforward real estate transaction is rarely a simple endeavor. It is often beneficial to hire a lawyer to guide you through the closing process, even if you have purchased or sold property before.

As a Hialeah, FL title and real estate attorney, I can assist you with each stage of the closing process, including:

  • Drafting, reviewing, and executing a purchase and sale agreement. The purchase and sale agreement should be tailored to your specific deal and cover all conditions governing the transaction. This agreement should also clearly define the obligations of each party and allow for the appropriate inspections and due diligence work. I can help you prepare a new purchase and sale agreement or negotiate and modify an existing document.
  • Facilitating an escrow deposit. Once a purchase and sale agreement has been agreed to and signed by all parties, the purchaser will make a “good faith” deposit into an escrow account that is set up to specifically facilitate the real estate transaction. These funds will remain in escrow until the deal has been completed. I can help purchasers and sellers manage escrow accounts and ensure funds are appropriately deposited.
  • Securing the necessary financing. Most real estate transactions will involve some form of outside financing from a lending institution. Some purchasers will procure a pre-approval letter before engaging in initial negotiations to demonstrate they are capable of obtaining a loan. Once escrow funds have been deposited, they will need to finish the process of securing financing. I can represent purchasers as they seek financing.
  • Appraising and inspecting the property. Purchasers should always have a property professionally appraised. Many lenders require an appraisal as a condition of financing. The purchaser will also need to conduct a thorough inspection to ensure the property is in the expected and advertised condition specified by the purchase and sale agreement. In most cases, it is wise for buyers to hire professional inspectors who know what to look for. Any potential issues should be documented and raised with the seller. I can help connect you with professional appraisers and inspectors. I can then help you interpret their findings and assist you with any necessary renegotiations if significant problems are found.
  • Conducting a title examination and securing title insurance. Buyers must examine the property’s title to ensure there are no defects. If defects are discovered, buyers must take steps to resolve them before proceeding with the transaction. Even if the property has a clean title, buyers will still most likely need to purchase title insurance that protects the lender from any future issues. It is also often advisable for buyers to purchase an owner title insurance policy to protect themselves. I can assist you with title examinations and will work to resolve any impediments that may arise.
  • Surveying the property. Purchasers will need to facilitate a careful survey of the property, often at the behest of lenders. A professional can verify that a property’s purported boundaries are consistent with those documented in county records. A survey can also identify encroachments that could imperil future ownership of a property. I can help facilitate professional surveying of property and assist you with reviewing and understanding the survey’s results.
  • Purchasing the appropriate insurance policies. Lenders will sometimes require that buyers secure one or more insurances policies to protect the property involved in a transaction. I can help confirm what types of insurance are necessary and source the appropriate policies.
  • Completing a pre-closing inspection. Purchasers should again walk through the property and confirm any outstanding issues have been addressed. Buyers should also verify that the space has been cleared of any previous tenants and is ready for sale. I can help you conduct any last-minute negotiations that become necessary after a pre-closing inspection.
  • Executing closing documents and transferring funds. Once sufficient due diligence has been conducted and all conditions of the purchase and sale agreement have been met, buyers and sellers can execute the final closing documents and complete their transaction. Once all necessary documents have been signed, escrow funds can be released. I can help execute all types of closing documents, including the Bill of Sale, Closing Affidavit, and Mortgage Note.

Why Do I Need a Clean Title in South Florida?

In real estate, “title” refers to the legal ownership of a property. When examining a property’s title, you evaluate the legal chain of ownership as legally documented in county records. Ideally, buyers want a “clear title” that verifies they will have full legal ownership of the property once the transaction has closed. However, “title defects” can “cloud” a title and potentially jeopardize a transfer of ownership. 

Types of title defects include:

  • Liens. Creditors, including the government, can secure a lien – or a legal claim – on a property until an overdue debt or liability has been settled. Sellers will typically need to eliminate these liens before a transaction can take place.
  • Easements. These impediments can occur when another party – typically the landowner – continues to have some right to some portion of the property involved in a real estate transaction. 
  • Encroachments. Encroachments occur when another party builds on or inhabits some portion of a property that is not theirs. After a certain amount of time, the encroaching party may have some legal right to the encroached area, potentially imperiling future ownership transfers.

Purchasers must generally verify that a property is clear and free of defects before closing a real estate transaction. A property’s ownership cannot typically be transferred if title clouds make the chain of ownership ambiguous. Consequently, a title examination is an essential component of the closing process. The examination will assess a property’s legal history and identify potential defects. 

Some types of defects are the result of simple filing mistakes and can be easily resolved. Others are more serious and may warrant reconsidering a real estate transaction. I can review title examination reports and help you understand your options if any encumbrances are discovered.

Even when a property has a clean title, purchasers will often be required by lenders to purchase title insurance. Mandatory lender policies will protect lending institutions in the event a defect of encroachment threatens the purchaser’s legal ownership of the property at some point in the future. Because these policies only protect the lender – not the buyer – it is often wise for purchasers to also secure an owner title insurance policy. 

As a Hialeah, FL title and real estate lawyer, I am prepared to help you overcome title issues and other encumbrances that can threaten a real estate transaction. I am extremely familiar with how to cure title defects in Florida and am committed to handling your case with the transparency, integrity, and perseverance it deserves.


If you are struggling with title issues, The Law Office of Arianna M. Mendez, PLLC can help. Call (786) 442-2984 or contact us online to discuss your case.


Contact Attorney Mendez Today!

As a Hialeah, FL title and real estate lawyer, I am prepared to help you overcome title issues and other encumbrances that can threaten a real estate transaction. I am extremely familiar with how to cure title defects in Florida and am committed to handling your case with the transparency, integrity, and perseverance it deserves.


If you are struggling with title issues, The Law Office of Arianna M. Mendez, PLLC can help. Call (786) 442-2984 or contact us online to discuss your case.


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