Buying or selling a home in Florida can be exciting, but title issues have the potential to delay a closing, create unexpected expenses, or even prevent a transaction from moving forward. Many buyers and sellers are surprised to learn that problems discovered during a title search may need to be resolved before ownership can legally transfer.
Here are five of the most common title problems we see in Florida real estate transactions.
1. Unpaid Liens
One of the most common title issues involves liens attached to a property. A lien is a legal claim against a property due to an unpaid debt.
Examples include:
- Contractor liens
- HOA liens
- Code enforcement liens
- IRS tax liens
- Judgment liens
In many cases, these liens must be satisfied before closing can occur. A title search helps identify these issues early in the transaction process.
2. Probate and Ownership Issues
Not every property owner has clear authority to sell a home.
When a property owner passes away, additional legal steps may be required before the property can be sold. Probate proceedings, missing heirs, improperly transferred ownership interests, and estate-related complications can all create delays.
Determining who has legal authority to convey ownership is a critical part of the title examination process.
3. Open or Unresolved Permits
Many Florida homeowners complete improvements such as:
- Roof replacements
- Room additions
- Electrical work
- Plumbing upgrades
- Pool installations
However, permits are not always properly finalized.
Open permits or permits that were never closed out can create concerns for buyers and lenders. Resolving these issues before closing helps prevent surprises after the transaction is complete.
4. Errors in Public Records
Even minor clerical mistakes can create title problems.
Examples include:
- Incorrect legal descriptions
- Misspelled names
- Recording errors
- Incorrect signatures
- Improperly filed documents
Because ownership rights are established through public records, inaccuracies can sometimes create questions about ownership or transferability.
5. Unknown Easements and Boundary Issues
Property owners are often unaware of easements affecting their property until a title search or survey is completed.
An easement may allow:
- Utility companies access to the property
- Shared driveway usage
- Drainage rights
- Access rights for neighboring properties
Boundary disputes and encroachments can also create concerns for buyers and lenders. Understanding these issues before closing helps all parties make informed decisions.
How a Title Search Helps
A professional title search examines public records to identify potential ownership issues, liens, encumbrances, easements, and other matters that could affect a property’s title.
The goal is not simply to find problems—it’s to identify them early so they can often be resolved before closing.
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Working With Sol Title
At Sol Title, our team helps buyers, sellers, Realtors, investors, and lenders navigate the closing process throughout Florida. We perform thorough title examinations and work to identify potential issues before they become closing-day surprises.
Whether you’re purchasing your first home, selling an investment property, or handling a complex transaction, understanding potential title issues can help ensure a smoother closing experience.
Areas Served
Sol Title proudly provides title insurance, closing services, mobile closings, and real estate settlement services throughout Central Florida, including:
- Groveland –
- Clermont –
- Minneola –
- Montverde–
- Mascotte –
- Howey-in-the-Hills –
- Leesburg –
- Tavares –
- Mount Dora –
- Eustis –
- Umatilla –
- Lady Lake –
- Yalaha –
- Winter Garden –
- Windermere –
- Oakland –
- Davenport –
We also serve buyers, sellers, Realtors, lenders, builders, and investors throughout Lake County, Orange County, Sumter County, Polk County, and surrounding Florida communities.
For more information about title insurance, title searches, and Florida real estate closings, contact Sol Title.
Website: SolTitle.com
Email: Orders@SolTitle.com
Phone: (352) 978-3199
