Florida Title Search: Open Permits, Code Liens and Old Mortgages That Delay Sales, and How to Clear Them Early

A Florida title search is the check that tells everyone at closing whether you can actually pass clear ownership to your buyer. Most sellers never think about it until the title company calls with a problem. By then, the closing date is close, and an old mortgage, an unpaid fine or an open permit can push it back by weeks. This guide explains what the search covers, why older Palm Beach County homes often turn up issues and how to find and fix them before you list.

Key takeaways

• A title search reviews recorded documents such as deeds, mortgages, judgments and liens. A separate municipal lien search checks for open permits, code fines and unpaid city charges that may not show in the land records.
• Under Florida law, a lender must send a satisfaction of mortgage for recording within 60 days after a loan is paid in full. When that step was missed, an old mortgage can still show as open.
• A recorded Florida judgment is generally a lien on the debtor's real property for 10 years, and the creditor can extend it once by re-recording.
• For unincorporated Palm Beach County, the county charges $63 for a fine and lien search or an open permit search, and $50 for an open code violation search.
• Ordering these searches before you list gives you time to fix problems without a buyer waiting.

What a Florida title search covers

A title search is a review of the public records for your property. The title agent or attorney looks at the chain of deeds to confirm who owns the home. Then they look for anything recorded against it that would need to be paid, released or fixed at closing.

Common items include:

• Mortgages and home equity lines, including old ones that should have been released
• Judgment liens against the owner
• Code enforcement liens and other liens from local government
• Unpaid property taxes
• Easements, restrictions and HOA documents
• Gaps in the chain of ownership, such as a missing probate after a past owner died

The results feed into the title commitment. That document lists what must happen before the title company will issue a policy. So every open item on the search becomes a task before closing. Our guide to title insurance in Florida explains the policy that comes after.

How far back the search goes

Florida's Marketable Record Title Act helps limit how far back a search needs to reach. Under section 712.02, a person who has held an interest in land of record for 30 years or more, with a proper root of title, generally has marketable record title. Still, the act has exceptions, and title agents often look at older records when something seems off.

The municipal lien search: the part sellers forget

Some problems do not live in the land records at all. An open building permit or an active code case may sit only in a city or county database until a fine order gets recorded. For that reason, title companies usually order a separate municipal lien search.

That search asks the local government about open permits, code violations, unpaid fines and utility balances tied to the property. The answers often decide whether a closing stays on schedule.

Searching in unincorporated Palm Beach County

For homes outside city limits, the county's Planning, Zoning and Building Department offers search services. A fine and lien search costs $63, and an open building permit search also costs $63. An open code violation search costs $50. Results come back in 7 to 10 business days after payment. Rush service, within 3 business days, costs $94, $94 and $75.

However, those county searches do not cover city fines, liens or permits. So if your home sits inside a city, you also need that city's records.

City or county? The Lake Worth example

Jurisdiction trips up many sellers. The City of Lake Worth changed its name to Lake Worth Beach after a 2019 vote, as WFLX reported. Yet many addresses west of the city still say "Lake Worth" even though they sit in unincorporated Palm Beach County. Those homes need the county search, not the city one.

So check your Property Appraiser record before you order anything. It shows which local government covers your parcel.

Why older homes trip a Florida title search

Older homes have had more owners, more loans and more projects. Each one is a chance for paperwork to go missing. In Palm Beach County, where many homes date back decades, a few problems come up again and again.

Old mortgages that were never released

When you pay off a loan, the lender should record a release. Under section 701.04, the lender or servicer must send a satisfaction for recording within 60 days after the loan is paid in full. Yet lenders merge, servicers change and some releases never get recorded.

The fix usually starts with proof of payoff, such as a paid-in-full letter or a closing statement from a past refinance. Then the title company contacts the lender, or its successor, for a recorded satisfaction. If you plan to pay off a current loan at closing, the same section requires the servicer to send an estoppel letter within 10 days after a proper written request.

Judgment liens

A court judgment against an owner can attach to real property in the county where it is recorded. Under section 55.10, a judgment recorded on or after July 1, 1994, is a lien for 10 years. The creditor can extend it for another 10 years by re-recording before it expires.

Sometimes the judgment belongs to someone else with a similar name. In that case, the title company may ask you to sign a name affidavit. Florida homestead protections can also affect how a judgment applies to a primary home, so ask the title agent or an attorney how it works in your case.

Open permits and code liens

Many older homes have a past roof, window or remodel permit that never got its final inspection. Florida made these easier to close in 2019. Under section 553.79, an owner can close a permit with the original contractor or a new one, and a building office can close a permit 6 years after issue if it finds no safety hazard.

Code liens work differently. Once a code board records a fine order, it becomes a lien on the property and must be paid or released at closing. Our post on selling a house with code violations walks through permits, fines and reductions in more detail.

Gaps from past deaths or divorces

If a past owner died and no one handled probate, or a divorce left a former spouse on the deed, the chain of title may have a gap. These issues can take the longest to fix, sometimes needing a court filing. That is one more reason to start early.

How to order a Florida title search before you list

You do not have to wait for the buyer's title company. Many sellers order their own searches 30 to 60 days before listing. Here is a simple order of steps.

1. Pull your deed and Property Appraiser record to confirm the owner names and jurisdiction.
2. Ask a title company or real estate attorney for a pre-listing title search.
3. Order the municipal lien and open permit searches from the city or the county.
4. Collect payoff letters for any current loans.
5. Fix what you can, and keep written proof of every release or closed permit.

Then share the results with your agent. With a clean report in hand, you can set a firm closing date and answer buyer questions with confidence.

What a Florida title search costs and who pays

Fees vary by title company and by how complex the property is. The county's own search fees above give a sense of the municipal side. In addition, who pays for the title work at closing depends on local custom and the contract. In Palm Beach County, the seller often pays for the owner's title policy, though the contract can say otherwise.

Also, keep in mind that an early search is not wasted money. If the title company you hire also handles the closing, much of the work carries forward.

Frequently asked questions

How long does a Florida title search take?

A basic search often takes several days. Municipal searches in unincorporated Palm Beach County take 7 to 10 business days after payment, or 3 business days with rush service. City timelines vary.

Can I sell with an old mortgage still showing?

Yes, but it must be released or paid before the title company will insure the sale. Proof of an earlier payoff usually speeds up the release.

Do open permits stop a closing?

They often delay one. Buyers, lenders and title companies usually want permits closed first, so clear them before you list.

Who orders the title search in a Florida sale?

Usually the closing agent, which may be a title company or attorney. Sellers can also order an early search on their own to catch problems sooner.

This article is general information about Florida real estate practice. It is not legal, tax or financial advice. Talk with a Florida title agent or real estate attorney about your property.

Sources

• Florida Statutes, s. 701.04 estoppel letters and satisfactions
• Florida Statutes, s. 55.10 judgment liens
• Florida Statutes, s. 712.02 marketable record title
• Florida Statutes, s. 553.79 permits
• Palm Beach County PZB, search services
• WFLX, Lake Worth changing its name to Lake Worth Beach

Getting ready to sell? Book a no-obligation listing consultation with a Pure Equity agent. We will help you spot title and permit issues early, so your closing date holds. Buyers can also count on our agents to review title results with them before closing. Talk with our team.