5 Florida Title Problems That Can Cost Buyers Thousands

Most title problems are found and fixed before closing, and buyers never hear about them. The ones that cost money are the problems that are missed, or that a buyer agrees to close over without understanding. These are the five that matter most in Florida, what the law says about each, and how a title company handles them.

1. Construction Liens

Florida's construction lien law (Chapter 713, Florida Statutes) lets contractors, subcontractors, suppliers and laborers who improve a property record a lien against it if they are not paid. That is true even when the owner paid the general contractor in full.

The key deadlines:

Why this matters to buyers: a lien can be recorded after your closing for work the seller had done before it. If the seller recently renovated, the 90-day window may still be open.

How it is handled:

• The title search shows any Notice of Commencement recorded for recent work, which signals an open construction project.
• The seller signs an owner's affidavit stating that all work has been paid for and no one is owed money for improvements.
• For recent work, the title company asks for the contractor's final payment affidavit and lien releases before closing.
• A municipal lien search shows open permits, which often point to unfinished or uninspected work.

2. Homestead Signature Problems

Under the Florida Constitution (Article X, Section 4), the owner of homestead property who is married can sell, mortgage or give it away only if the spouse joins in the document. This applies even when the spouse is not on the deed.

How it goes wrong: a married owner sells a home that was their homestead and signs as "a single person," or the spouse simply does not sign. The conveyance can later be challenged.

How it is handled:

• The title company confirms the marital status of every seller and whether the property is their homestead.
• If the seller is married and the property is homestead, the spouse signs the deed.
• If the seller says the property is not homestead, they sign an affidavit stating so, and the title company checks the public records, such as the homestead exemption on the tax roll.

Homestead rules also limit how a homestead can pass at death. If you are buying from an estate, see our guide to selling an inherited home in Florida.

3. Judgment Liens and Unpaid Charges

Some debts attach to the property, not just the person:

• Judgment liens. A court judgment becomes a lien on real property in a county when a certified copy is recorded there. For judgments recorded since July 1, 1994, the lien lasts 10 years and can be extended for another 10 years.
• Unpaid property taxes and tax certificates.
• Code enforcement liens for violations cited by a city or county.
• Unpaid utility charges where the local government can lien the property.
• HOA and condo assessments that are past due. The estoppel certificate shows the exact amount owed.

How it is handled: the title search finds recorded liens and judgments against the property and the seller, and the municipal lien search finds local charges that may not be recorded yet. Each one becomes a requirement on the title commitment, and it is paid from the seller's proceeds at closing so the buyer takes the property free of it.

One trap: a judgment against someone with a name similar to the seller's. The title company resolves these with a same-name affidavit, so the transaction is not held up by someone else's debt.

4. Boundary, Survey and Easement Problems

The title search shows what is recorded, but it does not show where a fence or pool actually sits. That is what a survey is for.

Common problems a survey reveals:

• A fence, driveway or pool that crosses the property line
• A structure built over a recorded utility easement
• A neighbor's improvement crossing onto the property
• A legal description that does not match the lot as it is used

How it is handled: title policies include a standard exception for matters a survey would show. With a current survey, that exception can usually be removed or limited, and the buyer gets coverage for survey matters. Buyers should also review the specific exceptions on the commitment, such as easements and recorded restrictions, before closing.

5. Deed Fraud and Seller Impersonation

Two kinds of fraud target Florida real estate:

• Seller impersonation. Someone poses as the owner of a property, often vacant land or a rental owned by an out-of-state owner, and tries to sell it.
• Forged deeds. A fake deed is recorded to transfer a property without the owner's knowledge.

How it is handled:

• The title company verifies the seller's identity, compares signatures and contact details against the records, and treats red flags seriously: a cash sale of vacant land, a seller who will only communicate by email, a request to send proceeds to an unusual account.
• Owners can protect themselves for free. In Orange County, the Comptroller's Property Fraud Alert sends an email or phone alert when a document is recorded under a name you choose to monitor. Many other Florida counties offer a similar service.
• Buyers face a related risk: wire fraud. Criminals send fake wire instructions that look like they come from the title company. Read our guide to avoiding wire fraud at your Florida closing.

If you are buying through an LLC or trust without a loan, see our guide to the FinCEN real estate rule, a federal reporting rule that a court vacated in March 2026 and that is now under appeal.

The Safety Net: An Owner's Title Policy

A careful search catches most of these problems before closing. An owner's title insurance policy covers you against covered problems that were missed, including forgery and liens that should have been found. In Central Florida the seller customarily pays for it. Our guide to title insurance in Florida explains what it costs and what it covers.

Questions to Ask Before You Close

1. Has the seller done any work on the property recently, and were the contractors paid?
2. Is the seller married, and is the property their homestead?
3. Are there any open permits, code liens or unpaid utility charges?
4. Do I have a current survey, and does it show any encroachments?
5. Which exceptions will stay on my owner's policy?

Title Warehouses of America has served Florida buyers and sellers from Orlando since 2006, backed by Stewart Title. Every purchase includes a title search and a municipal lien search. Learn more about our title services or call 888-354-8005.

This article is general information, not legal advice. Consult a Florida real estate attorney about your specific situation.