LEGAL GUIDE
Written by attorney Jeffrey Lawson Baxter | Sep 2, 2009
By Jeffrey Lawson Baxter
Sep 2, 2009
When Can a Prior Survey Be Used (in Florida)
Residential Transactions
When a mortgagee policy is issued in a refinance transaction, you should be able to waive the requirement for a current survey (defined as within 90 days of of the subject closing) and rely on an older Survey if there have been no changes since the date of the survey and an affidavit (a Survey Affidavit) is obtained from the owner of the subject property.Survey Affidavit (for residential)
must state that: (i) no improvements have been constructed on the subject property since the date of the Survey; (2) no improvements to adjoining land have been constructed that would encroach onto the subject property; and (iii) the Survey Affidavit must state that is given to induce a title insurance company to rely on the described survey.Platted Single Family Lot
Usually, survey are not requried to insure a refinance if you provide a prior owner's policy.
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