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Selling a house with title problems sounds alarming and is usually a scheduling issue rather than a barrier. The title search exists to find exactly these things, most of what it finds is routine, and closing agents clear such matters constantly. What turns a routine defect into a lost sale is discovering it in the final week of a contract instead of before the property was listed.
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The chain of ownership, confirming that each transfer was properly made and recorded.
Mortgages and other liens recorded against the property, including any that should have been released and were not.
Judgments against anyone in the chain of ownership, which can attach to property they owned.
Easements and restrictions, meaning rights other parties hold over the property, which are frequently perfectly normal and occasionally a surprise.
In Florida, a municipal lien search runs alongside it, covering unpaid utilities, code enforcement matters and open permits.
Property tax status, and any tax certificate sold against unpaid taxes, which has its own process to resolve.
An old mortgage that was paid off but never formally released, which is common and usually straightforward to clear once the lender is identified.
A judgment against a previous owner with a similar name to someone else, which requires an affidavit establishing that they are different people.
An error in a recorded document: a misspelled name, a wrong legal description, a missing signature or notarisation.
A gap in the chain, often where a transfer within a family or an estate was never properly recorded.
Heirship questions on an inherited property where the estate was not fully administered, which is the defect most likely to take real time.
A boundary or encroachment issue revealed by survey, such as a neighbour's fence or a structure crossing a line.
A satisfied but unreleased mortgage is cleared by obtaining a release from the lender, which is slow where the lender has merged or no longer exists but is generally achievable.
A mistaken-identity judgment is cleared by affidavit, sometimes with supporting identification documents.
A recording error is corrected by a corrective deed or a scrivener's affidavit, which the closing agent prepares.
A gap in the chain may need a quiet title action, which is a court proceeding and the slowest of these routes by a wide margin.
Heirship questions may need probate to be opened or completed, which is a lawyer's work and takes months rather than weeks.
An encroachment is resolved by agreement with the neighbour, by an easement, or occasionally by moving the structure, and it is worth addressing before a buyer's survey raises it.
Title work generally begins after a contract is signed, so defects surface with a closing date already agreed and a buyer already committed.
Most defects take longer to clear than the remaining contract period allows, which is why they cause extensions and occasionally cancellations.
A buyer who has given notice on a rental or has their own sale pending has limited patience for an open-ended delay.
Ordering a title search before listing costs a fraction of the transaction and converts every one of these from a crisis into a task.
It also means the property goes to market as a clean transaction, which is worth something in itself when a buyer is comparing options.
For any property that was inherited, transferred within a family, held for a long time, or bought at a distressed sale, a pre-listing search is close to essential rather than merely prudent.
Title insurance protects against defects that existed but were not found, which is a different thing from clearing a defect that has been found.
The lender's policy protects the lender. An owner's policy protects the owner, and the buyer will generally want one.
A known defect is excluded from coverage, which is precisely why it has to be resolved rather than insured over.
In some circumstances a title company will insure over a minor matter, which is a judgement they make rather than something a seller can insist on.
Who pays for the owner's policy is customary rather than fixed in Florida, and custom varies by county, so it is a negotiable term.
Keeping your own closing documents from when you bought, including the title policy, makes all of this considerably easier when you sell.
Order a title search and a municipal lien search before listing, particularly on any property with the history described above.
Find your own owner's title policy from when you purchased, since it establishes what was clear at that point and narrows what needs investigating.
Locate the survey if you have one, and consider a new one where there is a fence, a pool, a shed, a dock or an addition near a boundary.
Confirm that any mortgage you have paid off was actually released, which owners assume and occasionally find was never done.
Where the property came through an estate, establish that the administration was completed, because this is the defect most likely to take months.
Then, if something turns up, start on it immediately. Almost every title defect is solvable given time, and time is the only thing a contract cannot give you.
A survey is a separate exercise from the title search and it finds a different category of problem: where things physically are, rather than what the record says.
Encroachments are the common finding. A neighbour's fence inside your line, your shed over theirs, a driveway that crosses a boundary.
Utility and drainage easements frequently run through parts of a lot, and a structure built over one is a real issue rather than a technicality.
On waterfront property the survey establishes the water boundary and the dock's position, and errors there are expensive to resolve.
Where you have an existing survey, a buyer's lender may accept it with an affidavit confirming nothing has changed, which saves cost and time.
Where anything has changed since, a fence, a pool, a shed or an addition, a new survey is worth obtaining before listing rather than letting a buyer's survey introduce the subject.
This page explains how the market and the process handle this situation. It is not legal, tax or financial advice, and several of the questions here have real legal answers that depend on facts a web page cannot see. For anything involving a lender's legal process, a trust or an estate, speak to a Florida attorney. For anything about tax, speak to an accountant. We are glad to introduce you to either, and a valuation costs you nothing in the meantime.
Frequently Asked Questions
Related Situations
Selling a house with open permits means resolving them before closing. How they arise, how the municipal lien search finds them, and how to close them.
Selling a house in a trust is routine when the paperwork is in order. Who signs, what the closing agent needs, and where the delays come from.
Selling a house in foreclosure is usually possible and usually better than letting it complete. What the timeline allows, and who to talk to first.
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Most of what makes a sale complicated is solvable once somebody has looked at the actual numbers. Onias Derilus is a licensed Florida broker and there is no cost to a conversation, whether you list this month or next year.