A Florida closing is the last step of a series that starts when the contract is signed. This guide walks through that series in order, from the executed contract to recording the deed, and explains the Florida rules that apply along the way. Your contract, your lender, and your closing agent control the details and the exact timeline for your transaction.
Quick reference
| Step | What happens | Who usually handles it |
|---|---|---|
| 1. Contract and deposit | Contract is signed; buyer's deposit goes into escrow | Buyer, seller, agents, escrow agent |
| 2. Title search and commitment | Public records are searched; title commitment is issued | Title agent or attorney agent |
| 3. Lien and municipal searches | Open liens, permits, and code matters are checked | Title agent or attorney agent |
| 4. HOA or condo estoppel | Association states what is owed | Association, on request |
| 5. Survey | Boundaries and improvements are mapped | Licensed surveyor |
| 6. Closing Disclosure | Buyer receives final loan terms and costs | Lender |
| 7. Wire fraud precautions | Wiring instructions are confirmed by phone | Buyer, with the settlement agent |
| 8. Signing and funding | Documents are signed; funds are collected and paid out | Settlement agent |
| 9. Recording and taxes | Deed and mortgage are recorded; doc stamps and intangible tax are paid | Settlement agent and county clerk |
| 10. Title policies issued | Owner's and lender's policies are issued | Title insurer, through the agent |
Who conducts a Florida closing
In Florida, closings are commonly handled by a licensed title insurance agent or agency or by an attorney who acts as a title agent. Florida law defines "closing services," such as preparing closing documents, conducting the closing, and disbursing funds, as services performed by a licensed title insurer, title insurance agent or agency, or attorney agent (s. 627.7711, F.S.). Either is often called the settlement agent.
Step 1: Executed contract and escrow deposit
The process starts when both buyer and seller have signed the purchase contract. The contract sets the price, the closing date, deadlines for inspections and financing, and who pays which costs. The buyer's deposit is usually delivered to the escrow agent named in the contract, such as a title company, an attorney, or a real estate brokerage, and held in escrow until closing.
Step 2: Title search and title commitment
The closing agent orders a title search and examination of the public records to confirm who owns the property and to find recorded matters such as mortgages, liens, judgments, and easements. The results are used to prepare a title commitment, which lists the requirements that must be met before closing (for example, paying off the seller's mortgage) and the matters the policy will not cover.
Step 3: Lien and municipal lien searches
Some charges do not always appear in the recorded public records, such as unpaid utility bills, open building permits, or code enforcement matters. Many closings include a municipal lien search to look for these items so they can be resolved or accounted for before closing.
Step 4: HOA or condo estoppel certificate
If the property is in a homeowners' association or is a condominium, the closing agent requests an estoppel certificate showing assessments and other amounts owed. Florida law requires the association to issue it within 10 business days after receiving a request (s. 720.30851, F.S. for homeowners' associations; s. 718.116, F.S. for condominiums). Amounts owed are usually paid from the seller's proceeds at closing, unless the contract says otherwise.
Step 5: Survey
A survey by a licensed surveyor shows the property's boundaries, buildings, fences, and any easements or encroachments. Whether a survey is ordered, and who pays for it, depends on the contract and the lender. A title insurer may rely on a survey for certain coverage.
Step 6: Closing Disclosure, at least three business days before closing
For most mortgage loans, the lender must make sure the buyer receives the Closing Disclosure no later than three business days before closing (12 CFR 1026.19(f)). It shows the final loan terms and closing costs. Compare it with your Loan Estimate and ask your lender about any changes. Sellers receive a settlement statement showing their costs and proceeds.
Step 7: Wire fraud precautions
Closing funds are a common target for wire fraud. Criminals send emails that look like they come from a title company, attorney, or agent, with changed wiring instructions. Before sending money, call your closing agent at a phone number you already know, not one in the email, and confirm the instructions. Be suspicious of any last-minute change to wiring instructions.
Step 8: Signing and funding
At closing, the buyer signs the loan documents and the seller signs the deed. The settlement agent confirms that the lender's funds and the buyer's funds have arrived, then pays the seller, pays off the seller's mortgage and any liens, and pays the other costs shown on the settlement statement. In Florida, signing can happen in person, by mail, or by remote online notarization where the parties and lender allow it. The buyer usually receives the keys once the transaction has funded, or as the contract provides.
Step 9: Recording, doc stamps, and intangible tax
After closing, the settlement agent sends the deed and mortgage to the county clerk to be recorded in the public records. Recording fees are set in s. 28.24, F.S. (see recording fees).
Florida taxes are paid when these documents are recorded. According to the Florida Department of Revenue, documentary stamp tax is paid to the county clerk of court or a recording official when the document is recorded.
- Deed: documentary stamp tax of 70 cents per $100 of consideration (s. 201.02, F.S.). Miami-Dade County uses a different rate; see the doc stamps guide.
- Mortgage note: documentary stamp tax of 35 cents per $100 of the debt (s. 201.08, F.S.).
- Mortgage: nonrecurring intangible tax of 2 mills on the amount secured (s. 199.133, F.S.), due when the mortgage is presented for recording (s. 199.135, F.S.).
Step 10: Title policies issued
After recording, the title insurer, through the agent, issues the final title policies: the lender's policy, if there is a loan, and the owner's policy, if one was purchased. See title insurance.
Florida points to know
- Title premiums are set by the state. Florida title insurance premium rates are promulgated in Rule 69O-186.003, Florida Administrative Code, so the premium for the same coverage is the same no matter which agent you use. Service fees for closing, searches, and similar items can differ.
- Who pays for the owner's policy is a custom, not a law. In most Florida counties the seller customarily pays for the owner's policy, but in some counties the buyer customarily pays. The contract controls. See Who pays title insurance in Florida.
- Costs are divided by proration. Property taxes and association dues are split between buyer and seller based on the closing date.
Related guides
- Florida closing costs for buyers
- Florida doc stamps and intangible tax explained
- Who pays title insurance in Florida
- Glossary
This guide is for general educational purposes only and is not legal, tax, or financial advice. Florida rules and practices change, and every transaction is different. Confirm the details of your closing with a licensed Florida title agent, real estate attorney, or lender.
Sources
- s. 627.7711, F.S. (definition of closing services)
- s. 720.30851, F.S. and s. 718.116, F.S. (association estoppel certificates)
- 12 CFR 1026.19(f) (timing of the Closing Disclosure)
- s. 28.24, F.S. (recording fees)
- s. 201.02, F.S. and s. 201.08, F.S. (documentary stamp tax)
- s. 199.133, F.S. and s. 199.135, F.S. (nonrecurring intangible tax)
- Florida Department of Revenue, Documentary Stamp Tax
- Rule 69O-186.003, Florida Administrative Code (title insurance rates)