The Closing Itself
When Should a Backup Contract Go to the Florida Title Company?
Direct answer
A backup contract is a second contract that becomes the primary only if the first contract ends the way the backup says it ends. Send the fully executed backup to the title company when it is signed. Say it is a backup, and name the first contract. Do not wait until the first deal dies. A text that someone is in backup is not the file. We do not open a second closing, order a second estoppel, or release the first deposit because a backup arrived. The first contract still controls until it is cancelled in writing the way that contract requires. A realtor email does not release earnest money. Who is in first position is the contract, not our inbox time. A backup addendum should say what has to happen to the first contract before the backup becomes primary, and what happens to the backup deposit meanwhile. When the first contract actually ends, tell us the same day and send the signed cancellation. That is when the backup file becomes the closing file. The title search may already be started. Payoffs, the association estoppel, and the title objection clock then follow the backup contract's dates, not the dead contract's dates. Who pays for title insurance, and who chooses the title company, is the contract that is actually closing. On a federally related mortgage loan a seller cannot require the buyer to buy title insurance from a particular title company (12 U.S.C. § 2608). A cash purchase is not that sentence. Confirm wiring instructions by calling (352) 792-1214. Do not use an account number that arrived only by email. Time to Close Title is at 3087 Anderson Snow Road, Spring Hill, FL 34609. Call (352) 792-1214 or toll-free 888-228-0555. Email info@TimetoCloseTitle.com. Hours are Monday through Friday, 9:00 AM to 5:00 PM. Florida title premiums follow Rule 69O-186.003. We do not decide that the first contract has failed. The signed cancellation, or the contract's own termination, does. On a sale or funded closing we submit the deed, and the mortgage if there is one, for recording after good funds, and only for the contract that is actually closing. Hernando Official Records are in Brooksville. Pasco records are in Dade City and New Port Richey. Citrus records are in Inverness. The Spring Hill office is not the clerk. A quitclaim we only prepare is recorded by the client.
Key takeaways
- Send the fully executed backup when it is signed, and name the first contract.
- A text that someone is in backup is not the file.
- A backup does not open a second closing, a second estoppel, or a release of the first deposit.
- The first contract controls until it is cancelled in writing the way that contract requires.
- When it ends, send the signed cancellation the same day. The backup contract's dates then control.
When should the backup reach the title company?
A backup contract is a second contract. It becomes the primary only if the first contract ends the way the backup says it ends. It is not a second closing. It is not a note that someone is interested.
Send the fully executed backup to the title company when it is signed. Say it is a backup, and name the first contract. Do not wait until the first deal dies. A text that someone is in backup is not the file. The day-one packet is the same idea. Read what realtors send the title company on day one.
Who is in first position is the contract, not our inbox time. The email that arrived first does not decide it.
A backup addendum should say what has to happen to the first contract before the backup becomes primary, and what happens to the backup deposit meanwhile. If the signed form does not state a day count or a deposit-release rule, we do not invent one.
A backup can exist without an agent. The same packet still has to arrive. Read what still has to reach the title company on a Florida for-sale-by-owner sale.
| Send | Why the file needs it | What does not replace it |
|---|---|---|
| Fully executed backup and addenda | Shows the second contract, and what has to happen to the first | A text that someone is in backup |
| The first contract, named | Who is in first position is the contract | Which email arrived first |
| A statement that it is a backup | We keep one closing file | Opening a second file without saying so |
| Signed cancellation, the day the first contract ends | That is when the backup becomes the closing file | A call that the buyer walked |
| What the backup says about its deposit | The addendum controls that deposit meanwhile | A request to release the first deposit |
What does a backup not do?
We do not open a second closing because a backup arrived. We do not order a second estoppel. We do not release the first deposit. The first contract still controls until it is cancelled in writing the way that contract requires.
A realtor email does not release earnest money. If we hold the deposit, the contract and a release both sides sign control who receives it. Read how earnest money is held.
We do not decide that the first contract has failed. The signed cancellation, or the contract's own termination, does. A phone call that the deal died is not that writing.
One file
A backup does not open a second closing.
No second estoppel
We do not order a second association estoppel because a backup arrived.
No release
A backup does not release the first deposit. A realtor email does not either.
When does the backup become the closing file?
When the first contract actually ends, tell us the same day and send the signed cancellation. That is when the backup file becomes the closing file. The title search may already be started. We do not treat the dead contract's dates as the new dates.
Payoffs, the association estoppel, and the title objection clock then follow the backup contract's dates, not the dead contract's dates. Read the Florida title objection deadline and HOA and condo estoppels. A cancellation that sits in an inbox is one reason Florida closings get delayed.
Who pays for title insurance, and who chooses the title company, is the contract that is actually closing. Read who chooses the Florida title company. On a federally related mortgage loan a seller cannot require the buyer to buy title insurance from a particular title company (12 U.S.C. § 2608). A cash purchase is not that sentence. Florida title premiums follow Rule 69O-186.003. We quote the file. This page does not publish a rate.
Wire instructions are confirmed by calling (352) 792-1214, not from an email. The office is at 3087 Anderson Snow Road, Spring Hill, FL 34609. Call (352) 792-1214 or toll-free 888-228-0555. Email info@TimetoCloseTitle.com. Hours are Monday through Friday, 9:00 AM to 5:00 PM. Contact the office.
On a sale or funded closing, we submit the deed, and the mortgage if there is one, for recording after good funds, and only for the contract that is actually closing. Recording is with the clerk of the county where the land sits. Hernando Official Records are in Brooksville. Pasco records are in Dade City and New Port Richey. Citrus records are in Inverness. The Spring Hill office is not the clerk. A quitclaim we only prepare is recorded by the client, who pays the documentary stamp tax and the clerk's fee.
Send the fully executed backup when it is signed
Say it is a backup and name the first contract. A text that someone is in backup is not the file. Do not wait until the first deal dies.
Leave the first contract in control
We do not open a second closing, order a second estoppel, or release the first deposit because a backup arrived. The first contract still controls until it is cancelled in writing the way that contract requires. A realtor email does not release earnest money.
Send the signed cancellation the same day the first contract ends
We do not decide that the first contract has failed. The signed cancellation, or the contract's own termination, does. That is when the backup file becomes the closing file.
Use the backup contract's dates
Payoffs, the association estoppel, and the title objection clock follow the backup contract's dates, not the dead contract's dates. The title search may already be started. Who pays for title insurance, and who chooses the title company, is the contract that is actually closing.
Call to confirm the wire, then fund
Confirm wiring instructions by calling (352) 792-1214. Do not use an account number that arrived only by email. On a sale or funded closing we submit the deed, and the mortgage if there is one, for recording after good funds, and only for the contract that is actually closing. A quitclaim we only prepare is recorded by the client.
Frequently asked questions
When should a backup contract go to the Florida title company?
Send the fully executed backup when it is signed. Say it is a backup and name the first contract. Do not wait until the first deal dies. A text that someone is in backup is not the file. Read what realtors send on day one.
What is a Florida backup contract?
A backup contract is a second contract that becomes the primary only if the first contract ends the way the backup says it ends. Who is in first position is the contract, not our inbox time.
Does a backup open a second closing or release the first deposit?
No. We do not open a second closing, order a second estoppel, or release the first deposit because a backup arrived. The first contract still controls until it is cancelled in writing the way that contract requires. A realtor email does not release earnest money. Read how earnest money is held.
What should the backup addendum say?
It should say what has to happen to the first contract before the backup becomes primary, and what happens to the backup deposit meanwhile. If the signed form does not state a day count or a deposit-release rule, we do not invent one.
When does the backup become the closing file?
When the first contract actually ends. Tell us the same day and send the signed cancellation. We do not decide that the first contract has failed. The signed cancellation, or the contract's own termination, does. The title search may already be started. Payoffs, the association estoppel, and the title objection clock then follow the backup contract's dates. Read the Florida title objection deadline and HOA and condo estoppels.
Can a backup exist without an agent?
Yes. A backup can exist without an agent. The same packet still has to arrive. Read what still has to reach the title company on a Florida for-sale-by-owner sale. A late packet is one reason Florida closings get delayed.
Who pays, who chooses the title company, and who records?
Who pays for title insurance, and who chooses the title company, is the contract that is actually closing. Read who chooses the Florida title company. On a federally related mortgage loan a seller cannot require the buyer to buy title insurance from a particular title company (12 U.S.C. § 2608). A cash purchase is not that sentence. Florida title premiums follow Rule 69O-186.003. We quote the file. This page does not publish a rate. Confirm wiring instructions by calling (352) 792-1214. The office is at 3087 Anderson Snow Road, Spring Hill, FL 34609. Call (352) 792-1214 or toll-free 888-228-0555. Email info@TimetoCloseTitle.com. Hours are Monday through Friday, 9:00 AM to 5:00 PM. On a sale or funded closing we submit the deed, and the mortgage if there is one, for recording after good funds, and only for the contract that is actually closing. Hernando Official Records are in Brooksville. Pasco records are in Dade City and New Port Richey. Citrus records are in Inverness. The Spring Hill office is not the clerk. A quitclaim we only prepare is recorded by the client, who pays the documentary stamp tax and the clerk's fee. Contact the office.