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Buying property in Florida should feel like a dream—but hidden issues in the title can turn it into a nightmare. Title defects are legal problems that cloud ownership and may prevent you from selling, refinancing, or even enjoying full use of your property. From undisclosed liens to errors in public records, title defects create costly headaches if not resolved properly.
At The Law Offices of Jeffrey R. Stoll, P.A., we help Florida homeowners, buyers, and investors identify and clear title issues before they cause problems. This guide covers the most common defects in Florida real estate, why they matter, and how you can fix them with the right legal and title support.
A title defect is a legal problem that clouds ownership of property, making it difficult or impossible to transfer clear title in Florida.
Title defects are often discovered during a real estate closing or when applying for financing. They can stem from unpaid debts, mistakes in legal documents, or disputes over property rights. If unresolved, they delay closings and may even result in lawsuits.
For many Florida buyers, working with an experienced real estate closing attorney ensures title problems are uncovered and corrected before finalizing a purchase.
The most common title defects in Florida include liens, ownership disputes, public record errors, probate issues, and boundary disputes.
1. Liens and Mortgages
Unpaid contractor bills, HOA assessments, or old mortgages can create liens that must be cleared before closing.
2. Ownership Disputes
Conflicting claims from heirs, prior spouses, or co-owners often surface in Florida real estate due to divorce or estate planning oversights.
3. Errors in Public Records
A misspelled name or incorrect legal description in a deed can invalidate ownership rights.
4. Probate and Estate Issues
Inherited property may carry unresolved claims. These are especially common when owners pass away without updating estate plans. See our guide on navigating the Florida probate process.
5. Boundary and Easement Disputes
Conflicts with neighbors over boundaries or easements can create serious title complications.
Title defects delay closings, reduce property value, and can lead to costly legal disputes.
For sellers, defects often stall transactions until cleared. For buyers, they create risk of future ownership disputes or unexpected financial obligations. Mortgage lenders may refuse to approve financing if the title is not clear.
Working with a qualified real estate law firm in Plantation can help prevent these issues from becoming roadblocks.
Title insurance protects buyers and lenders from financial loss due to hidden title defects.
There are two types:
Learn more in our guide on the role of title insurance in protecting your property investment.
Title insurance doesn’t prevent defects, but it provides financial coverage if a hidden issue arises after purchase.
Title defects can often be fixed through legal actions, releases, corrective deeds, or probate proceedings.
Common Fixes Include:
An experienced Florida real estate lawyer can guide you through these processes efficiently.
You should hire a Florida real estate lawyer when buying, selling, or inheriting property that may have title issues.
Attorneys play a vital role in reviewing title searches, negotiating with lienholders, and representing clients in quiet title or probate actions. Whether handling residential closings or complex commercial closings, The Law Offices of Jeffrey R. Stoll, P.A. helps ensure a clear title transfer.
Don’t let hidden title defects derail your property goals. At The Law Offices of Jeffrey R. Stoll, P.A., we help Florida buyers, sellers, and investors resolve title issues quickly and confidently. Contact us today to protect your investment and ensure a smooth real estate closing. Contact us.
What is the most common title defect in Florida?
Liens for unpaid debts and errors in public records are the most frequently encountered defects in Florida property transactions.
Can I sell a house in Florida with a title defect?
Not without addressing the issue first. Most buyers and lenders require a clear title to close.
How do I know if my property has a title defect?
A title search conducted by a closing attorney or title company will reveal most defects.
Can title defects be fixed?
Yes. Many are resolved through lien releases, corrective deeds, or legal action such as a quiet title lawsuit.
Do I need a lawyer to fix a title defect?
While some simple issues can be handled by title companies, complex disputes often require a real estate attorney.
