Sell a House With Title Problems in Florida

A title search in Florida goes back at least 30 years, sometimes further. Anything irregular in that chain of ownership shows up as a defect, and title companies won't issue a policy until every defect is cleared. The most common problems we see fall into a few categories.

Unreleased Mortgages and Liens

This is the single most common title problem in Florida. A homeowner pays off their mortgage, but the lender never records a satisfaction of mortgage with the county clerk. The old lien still appears on the title search, and the title company flags it as an exception. We see this on properties where the original lender was absorbed by another bank, went out of business, or merged. Tracking down a lien release from a bank that doesn't exist anymore takes weeks of detective work. A curative title attorney can sometimes resolve it with an affidavit and supporting documentation, but contested cases need a court order.

Judgment Liens and Mechanic's Liens

Judgment liens from lawsuits, unpaid child support, and creditor actions attach to all real property a person owns in the county where the judgment is recorded. They follow the property, not the person. In Florida, a judgment lien lasts 10 years from the date of recording (with the option to renew for another 10). Mechanic's liens, filed by contractors or suppliers who weren't paid, have to be perfected within 90 days under Florida Statute Chapter 713. But even an expired mechanic's lien on the record creates questions that slow down a closing.

Estate and Probate Problems

A deceased owner is still on the deed. This happens when someone dies without a will and no one opens probate, or when probate was opened but the deed was never transferred to the heirs. In Florida, you can't sell property that's still in a deceased person's name without going through probate or using a summary administration (for estates valued under $75,000). We see this on properties that have been sitting vacant for years because the family couldn't figure out the legal steps or couldn't afford the attorney.

Forged Deeds and Unknown Heirs

Florida has had well-documented problems with deed fraud, particularly in South Florida. A forged deed in the chain of title voids every transfer that came after it. If someone discovers the fraud 5 years later, the current "owner" may not own the property at all. Unknown heirs pose a similar problem: an owner dies, and the estate is distributed to known family members, but a child from a previous relationship or an heir nobody knew about later surfaces with a legitimate claim to the property.

Boundary Disputes and Survey Gaps

A fence built 2 feet over the property line. An addition that encroaches on the neighbor's lot. A legal description in the deed that doesn't match the survey. These problems show up during closing when the buyer's title company orders a survey and the results don't match the recorded deed. Resolving a boundary dispute can be as straightforward as a boundary line agreement between neighbors, or as complicated as a lawsuit.

Lis Pendens

A lis pendens is a recorded notice that a lawsuit has been filed affecting the property. It doesn't stop a sale from happening, but it does warn any buyer that the outcome of the lawsuit could affect their ownership. Title companies won't insure over a lis pendens without a court order or a resolution of the underlying lawsuit. We've bought properties with active lis pendens by working with the parties to resolve the claim as part of the closing.

We've been buying houses in Florida since 2014, and title problems show up in a significant percentage of the deals we close. We don't walk away from a clouded title. We work with title attorneys who specialize in curative title work, attorneys who spend their days resolving the exact defects described on this page.

We can structure a deal three ways depending on the severity of the title issue: