South Florida Real Estate Property Closing Lawyer
A smooth real estate closing looks simple from the outside. Deed signed. Funds wired. Keys handed over. Behind the scenes, a closing requires title clearance, lender coordination, document preparation, recording, and tax payment, all running to a shared timeline across multiple parties.
Our South Florida real estate property closing lawyer handles closings for buyers, sellers, borrowers, and lenders throughout Broward, Miami-Dade, and Palm Beach Counties. Loshak Law, PLLC, serves as an authorized title insurance agent through The Fund with Old Republic Title, so the title commitment, title policy, and closing funds all flow through our office rather than through third-party agents. Whether you’re buying a first home, selling a rental property, or closing a commercial refinance, reach out for help setting up a closing that runs on schedule.
Why Choose Loshak Law PLLC for Real Estate Property Closing in South Florida?
Closings go wrong in familiar ways. Last-minute title exceptions. Payoff delays. Wire fraud targeting the buyer’s closing funds. Signatures that don’t match. Our real estate attorneys in South Florida work to catch these items before they arrive at the closing table.
Local Legal Knowledge in South Florida
Our founder, Brandon F. Loshak, built the firm’s transactional practice around real estate closings, business law, and land use work. He is admitted to the Florida and Texas bars, earned his J.D. at St. Thomas University School of Law, and holds a finance degree from the University of Colorado at Boulder. Brandon carries the AV Preeminent rating from Martindale-Hubbell, the highest recognition for legal ability and ethical standards.
Evan C. Leach adds more than 13 years of practice in real estate, business law, asset protection, and complex litigation. A cum laude graduate of the University of Miami School of Law, Evan holds bar admissions in Florida and Massachusetts.
Authorized Title Insurance Agent
Our firm is approved as an authorized title agent with Old Republic Title through The Fund. For closings, that means we handle the title search, commitment, exception review, curative work, policy issuance, and funds disbursement in-house. We are also approved by local and national lenders to close both residential and commercial loans. Keeping title and settlement in one office keeps the timeline tighter and simplifies communication for our clients.
Transparent Closing Costs
We quote flat-fee pricing on standard residential closings and discuss hourly or flat pricing on commercial and unusual matters at the outset. Wire fraud prevention procedures are built into how we handle wiring instructions and client communications. Clients have closed real estate transactions totaling millions of dollars through our office.
What Clients Say
★★★★★
“I hired Eskander Loshak to do the closing on a property I bought in Fort Lauderdale. They were really easy to work with and went above and beyond what I expected. Most importantly, the closing actually occurred on time and without any issues! I would definitely recommend them for anyone buying or selling a property that needs title insurance.” – Jose Suazo
Read more reviews on our Google Business Profile.
Types of Real Estate Property Closing Cases We Handle in South Florida
Closings cover a wide range of transactions. The common thread is that multiple parties need to sign, fund, and record on a shared timeline, and the small details determine whether that timeline holds.
- Residential purchase closings. Buyer representation from contract to keys, including title review, financing contingency tracking, and final walk-through coordination.
- Residential sale closings. Seller representation including title clearance, payoff coordination, deed preparation, and delivery of closing proceeds.
- Commercial closings. Commercial closings on office, retail, industrial, and multifamily closings where title exceptions, assignments of leases, and lender requirements typically require more coordination.
- Refinancing closings. Commercial and residential refinancings where an existing loan is paid off and a new loan is recorded in its place.
- Purchase-money mortgage closings. Seller-financed transactions where the seller takes a mortgage back from the buyer in exchange for extending credit on the purchase price.
- Condominium closings. Condo units involving association approval, estoppel letters, milestone inspection review, and reserve study disclosures.
- HOA closings. Homes in HOA communities with mandatory disclosure summaries and estoppel requirements under Florida law.
- Investor closings. LLC acquisitions and dispositions, 1031 exchange closings, and multi-property portfolio transfers. We coordinate with business formation counsel when clients are adding to existing entity structures.
- Development closings. Acquisitions intended for real estate development projects, often with zoning contingencies and entitlement reviews handled alongside the closing.
- For Sale By Owner (FSBO) closings. Buyers and sellers without broker representation who need full closing services including contract drafting, title work, and recording.
Florida Legal Requirements for Real Estate Property Closing
Every Florida closing operates within a framework of state, federal, and local rules that determine how documents are signed, funds are handled, and title is transferred.
Recording of deeds, mortgages, and other instruments affecting real property is governed by Chapter 695 of the Florida Statutes. Under § 695.01, a conveyance or mortgage is not effective against subsequent purchasers without notice unless it is recorded. Priority between competing interests is typically determined by the order in which instruments are recorded in the official records of the county where the property is located.
Notarization and acknowledgment rules come from Chapter 117 of the Florida Statutes. Since 2020, Florida also permits Remote Online Notarization under Part II of Chapter 117, which allows authorized RON notaries to notarize documents through two-way audio-video communication. This is now commonly used for signers located outside Florida at the time of closing.
Documentary stamp tax is collected on deeds and mortgages at recording. The rate for deeds under § 201.02 of the Florida Statutes is $0.70 per $100 of consideration in most counties, and the rate in Miami-Dade County is slightly different for single-family residences. Documentary stamps on the mortgage note and intangible tax on the mortgage are paid separately by the borrower.
Federal consumer protection rules apply to closings involving consumer mortgages. Regulation X implements the Real Estate Settlement Procedures Act and sets out the closing disclosure requirements, anti-kickback restrictions, and escrow account rules applicable to federally related mortgage loans.
Tax reporting on real estate closings is handled through IRS Form 1099-S, which the closing agent files to report gross proceeds of the sale to the Internal Revenue Service. Residential and commercial sales above the reporting threshold trigger 1099-S filing at or after closing.
Important Aspects of a South Florida Real Estate Property Closing Case
Every closing follows a similar arc, but a handful of components make the difference between one that runs on schedule and one that gets delayed or derailed. A South Florida real estate property closing attorney pays close attention to each of these.
Title Commitment and Exception Review
The title commitment lists what the title insurance policy will cover, along with the specific items that will be excluded from coverage. Each exception should be reviewed to determine whether it affects the buyer’s use of the property, whether it can be removed through endorsement, and whether the seller needs to provide additional documentation before closing.
Payoff Letters and Lender Coordination
Existing mortgages, tax liens, HOA liens, and judgment liens against the seller all need payoff letters before closing. Good-through dates on payoff letters are tight, so coordinating the closing date, the wire date, and the payoff delivery takes attention to detail. Lenders on the buyer side have their own set of documents that need to be in place before funds are released.
Document Preparation and Signing
The closing package includes the deed, bill of sale, closing disclosure or settlement statement, affidavits, certifications, and lender documents. Each document needs to be prepared accurately, notarized where required, and signed by the correct parties. Powers of attorney add another layer of review when a principal cannot be present at closing.
Wire Fraud Prevention
Wire fraud remains one of the largest threats in real estate closings. Scammers intercept email communications between closing agents and buyers, then send substitute wiring instructions that divert closing funds to fraudulent accounts. Verification procedures include confirming wire instructions by phone using independently obtained numbers and using secure document portals for sensitive communications.
Recording and Post-Closing
After signing and funding, the deed, mortgage, and related instruments are sent to the county clerk for recording. Recording establishes the chain of title in the public records and perfects the lender’s mortgage interest. Post-closing work includes final title policy issuance, recording fee reconciliation, and delivery of the recorded documents to the buyer and the lender.
1099-S Reporting
The closing agent files IRS Form 1099-S for most real estate sales, reporting the gross sale proceeds to both the IRS and the seller. Certifications from the seller at closing determine whether 1099-S reporting applies, and accurate handling of this reporting avoids IRS correspondence after closing.
Contact Loshak Law PLLC
If you’re under contract, refinancing, handling a For Sale By Owner transaction, or dealing with a title issue before closing, early legal involvement usually keeps the transaction on schedule. Our South Florida real estate property closing attorneys serve clients throughout Broward, Miami-Dade, and Palm Beach Counties from offices in Fort Lauderdale and Hollywood.
Contact us to set up a consultation or schedule your closing. During that first call, we will review the contract or transaction, identify issues that need to be addressed before the closing date, and quote fees openly. Put the experience of the attorneys at Loshak Law PLLC to work on your next closing.
