Potential Property Title Problems You May Face as a Florida Homebuyer
Before buying a Florida home, review the title commitment, the documents listed as exceptions and the survey with the appropriate professionals. A property can look ready for closing while its records raise questions about ownership, access or unpaid obligations.
Title and a Deed Are Different
Title describes legal ownership rights in property. A deed is a document used to convey an interest in real property. The recorded deed is part of the ownership history; it is not the same thing as title itself.
Property Title Problems to Review
- Public-record and deed issues. Misspelled names, an inaccurate legal description, missing signatures or an unresolved prior transfer can require investigation. The necessary correction depends on the records and the underlying transaction.
- Liens. A lien is a legal claim or charge against property that may secure payment of a debt or another obligation. It is not itself ownership of the property. Mortgages, taxes, judgments and certain construction or association claims may create liens, subject to the law governing each claim.
- Easements. An easement generally permits a person or entity to use another's land for a particular purpose. Its location, scope and recorded terms can affect access, improvements and intended use.
- Other encumbrances. An encumbrance is a burden or interest affecting property, such as a lien, easement, restriction or lease. It does not necessarily transfer ownership or give someone every right in the property.
Read the Commitment and the Proposed Coverage
A title commitment identifies requirements and proposed exceptions for a policy. Ask what must be satisfied before closing, which exceptions will remain and whether a survey or other investigation is needed. An owner's policy and a lender's policy protect different interests; a lender's policy does not substitute for the buyer's own coverage. Coverage depends on the issued policy and its terms, exclusions and exceptions.
Bring the Records Together Before Closing
Compare the purchase contract, deed, title commitment and survey. Request copies of referenced documents and raise discrepancies before contractual objection periods expire. A problem's effect and possible solution depend on the specific facts; not every exception prevents a purchase, and not every issue is insured.
Contact a Fort Lauderdale, FL Real Estate Title Services Attorney
The Elliot Legal Group can review a proposed residential transaction and assess title or closing concerns within an agreed engagement. See our title and closing dispute services, or request an Initial Case Assessment.
Start with a 20-minute Initial Case Assessment with Jenny Elliot, a non-attorney member of the operations team, to discuss firm fit, conflicts and next steps. Intake does not include legal advice or document review. The team confirms attorney consultation fees and arrangements before booking; representation requires an agreed written engagement.
Source: Florida Department of Financial Services, Title Insurance Overview.
Attorney advertising. General information only; not legal advice.