How to Prevent Real Estate Title Issues

Unfortunately, the foreclosure crisis that hit Florida so hard several years ago sometimes makes it difficult to obtain a clear or marketable real estate title. That is why you should seek the help of an experienced Florida real estate attorney to help with any potential title issues.

Here are some of the most common Florida real estate title problems:

• Property has a last-minute lien filed on it by a company that has not been paid for work done on the property.
• The deed still has the name of the owner’s ex-spouse on it.
• There is a claim for unpaid taxes against the former owner.
• There is a claim on the home due to a divorce settlement or final judgment.
• The deed is invalid because of the death of a former owner.
• Easements have been granted by the former owners that are not recorded in the land records.
• Another party claims ownership in the chain of title.

You should be especially concerned if the property has a foreclosure in its history. The incidence of foreclosure fraud in Florida has been well documented, clouding the titles of thousands of homes.

Title insurance is not required by law in Florida and even if the seller had title insurance, this is no guarantee that there are no title issues. A problem with the title could still crop up after closing.

As a buyer, you should be aware that if you are borrowing money for the purchase of the home, no bank will provide a loan without a title search being done by a real estate attorney or title company.