Common Title Concerns
Florida's real estate market can have some unique title challenges, especially because of its long history, mix of old and new developments, and frequent property transfers. Here are some common title issues that title insurance is designed to protect against:
Unknown Liens - Previous owners might have unpaid property taxes, HOA dues, or contractor bills. These debts can become your responsibility if not discovered during closing.
Heirs and Probate Issues - A deceased former owner may have unknown heirs who later claim rights to the property. Florida has lots of probate property transfers, which are often messy or incomplete.
Forged or Fraudulent Documents - Past documents (deeds, power of attorney, etc.) could be forged or signed under duress. Real estate fraud is especially common with vacant lots and investment properties.
Errors in Public Records - Simple clerical mistakes, like incorrect legal descriptions or misspelled names, can cloud a title. These can delay closings or lead to ownership disputes.
Improperly Executed Documents - Not all deeds are created correctly — especially quit claim deeds or older handwritten ones. Errors in how the deed was signed, witnessed, or notarized can invalidate it.
Undisclosed Easements or Encroachments - An easement (like a utility company’s right of access) might limit your use of part of the property. A neighbor’s fence or structure might be built on your land without proper recording.
Unreleased Mortgages or Prior Claims - A prior loan may have been paid off but not formally released in county records. Sometimes a title search misses these if the paperwork wasn’t properly filed.
HOA Violations or Claims - Unpaid dues, fines, or rules violations can cause liens to pop up. This is especially an issue in Florida condos and gated communities.
Why do title issues occur more frequently in Florida than other states?
There is a higher volume of property transfers, especially with so many snowbirds and investors frequenting the state.
Florida has a high volume of condo and HOA-governed communities throughout the state.
With a large retiree population, there is a higher probability of elderly homeowners passing away who may not have a clear will or probate.
Florida has a long history of land flipping and also developer fraud, especially during the 2000’s housing boom.
