COMMON REAL ESTATE TITLE ISSUES IN FLORIDA AND HOW CORPORATE TITLE, INC. CAN HELP TO RESOLVE THEM

When selling and purchasing real property in Florida, one of the most crucial steps in the process is ensuring that the title is clear and free of any encumbrances. Title issues can delay or even derail real estate transactions, making it essential for buyers, sellers, and real estate professionals to be aware of potential problems. Below are some of the most common title issues in Florida and this article describes how they can be resolved by an experienced Florida title agency like Corporate Title, Inc.

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1. Unpaid Liens and Mortgages

Many properties carry financial obligations such as unpaid mortgages, property taxes, or contractor liens. If these are not settled before closing, they can become the buyer's responsibility.

Solution: Corporate Title, Inc. conducts a thorough title search that can uncover any outstanding liens or other financial obligations running with the purchased property. The seller must generally resolve these issues before the closing process is finalized and the real property is transferred. In some cases, title insurance can help protect buyers from undiscovered claims.

2. Errors in Public Records

Clerical errors in county records, misspelled names, incorrect legal descriptions, or recording mistakes can create complications in property transfers.

Solution: A title search by Corporate Title, Inc. will reveal any discrepancies. Once identified, many corrections must be made through legal filings, such as a corrective deed or court action, to rectify errors before closing. Corporate Title, Inc. works closely with its highly experienced legal staff to resolve errors in the public records

3. Undisclosed Heirs or Conflicting Ownership Claims

If a previous owner died without a will or proper estate planning, heirs or other individuals who were unknown or previously undiscovered may come forward to claim ownership rights.

Solution: A probate court may need to determine rightful ownership before the sale can proceed. Corporate Title, Inc. has access to an experienced and diligent probate legal department. Title insurance can also provide protection in case of later claims by missing heirs.

4. Forgery or Fraud

Instances of forged signatures, fraudulent deeds, or identity theft are becoming much more common in this digital age, and can cloud the title, making ownership uncertain. Real estate fraud results in costly and lengthy litigation in many cases.

Solution: Buyers should work with a reputable title company like Corporate Title, Inc. that verifies all real estate documents prior to Closing. Title insurance offered by insurers who work with Corporate Title, Inc. can also offer protection if fraud is discovered post-purchase.

5. Boundary Disputes and Survey Issues

Discrepancies between property surveys, legal descriptions, or encroachments from neighboring properties can lead to disputes over land ownership.

Solution: A current, professional land survey should be conducted before closing. If disputes arise, negotiations or legal action may be necessary to clarify boundaries prior to transferring the real property. The attorneys who work with Corporate Title, Inc are experts at resolving these types of disputes and issues quickly and cost efficiently.

6. Restrictive Covenants and HOA/Condominium AssociationViolations

Certain properties are subject to restrictive covenants set by homeowners’ associations (HOAs) or condominium associations, which can impose limitations on property use or require the payment of outstanding dues before transfer.

Solution: Corporate Title, Inc. reviews HOA and condominium documents and obtains an estoppel letter from applicable associations to confirm any outstanding obligations or restrictions.

Living in an HOA Community

7. Missing or Incorrect Legal Descriptions

An incorrect legal description on the title deed can lead to confusion and potential ownership challenges.

Solution: A title professional working with Corporate Title, Inc. will review and amend legal descriptions through corrective deeds before finalizing the transaction.

Preventing and Resolving Real Estate Title Issues

• Hire a Reputable Title Company Such as Corporate Title, Inc.

• Purchase Title Insurance Through Corporate Title, Inc.

By addressing these title issues proactively, buyers and sellers can enjoy a smooth closing process and secure their investment in Florida real estate. Working with experienced title professionals and attorneys at Corporate Title, Inc. ensures that all aspects of the title are clear and legally sound, paving the way for a successful property transfer and Closing.