How Long Before Closing Is a Title Search Done in Florida?

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By Gary M. Landau, Esq.

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How Long Before Closing Is a Title Search Done in Florida? | Call (954) 979-6566

For buyers and sellers of residential and commercial property in Florida, the title search process is integral to the real estate transaction. Property title searches ensure that the property’s owners are correctly listed and that it has no liens or other restrictions that could interfere with the legal transfer of title. A proper title search protects both buyers and sellers from later legal disputes.

Buyers and sellers are often aware that their closing attorney will be performing a title search as part of the process. But they may have questions about it, including: What exactly does a title search entail? How long before closing is a title search done in Florida? And what’s the timeline for ordering a title search so all records can be properly assessed before the parties sit down at the closing table?

In this article, a title search attorney answers these questions and provides a comprehensive overview of real estate title and the title search process. This information better equips buyers and sellers for what to expect, and allows for a smooth and timely closing for your next real estate deal.

Are you searching for an experienced real estate attorney in Florida? With over 25 years of experience and countless satisfied clients, the LAW OFFICE OF GARY M. LANDAU, P.A. stands ready to serve you. Call us at (954) 979-6566 to schedule your complimentary consultation.

Who Does Title Searches in Florida?

After a real estate contract is signed, the closing attorney will take numerous steps to ensure the property will be legally transferred to the new buyer. One of the most important steps is property title searches.

This title search of local government records provides information about the property’s current and past owners, any liens or encumbrances on the property by contractors or other entities, and other legal claims against the home. With a well-done title search, buyers are safeguarding their investment and can feel confident the property they are buying is free of recorded legal claims.

In Florida, title searches rely on records kept by county clerks and other local government offices, including deeds, mortgages, liens, tax assessments, and more. Other records include open litigation involving the property.

(Even with a thorough title search, however, it is impossible to rule out all potential future issues that might cause title concerns, which is why it’s still important to purchase title insurance provided by the closing agent.)

What Exactly Is a Title Search?

A title search is an examination of public records that determines the legal ownership of a property and any claims that have been filed against it. It is done by researching the chain of title from all past owners, ensuring that their ownership transfers were properly recorded. The title search also reveals any liens, encumbrances, or other restrictions that could affect its value or transferability.

Purpose of a Title Search

An experienced and knowledgeable title search attorney conducts a thorough title search to ensure that at closing the buyer receives clear title to the property. Problems that turn up from a title search, known as a cloud on the title, must be remedied before closing. A comprehensive title search protects buyers from taking possession of a property that has liens on it or where errors on past deeds mean the home was not legally conveyed.

How Long Does a Title Search Take in Florida?

A closing attorney can generally complete a title search within a few days. To minimize delays or complications with the title search process, it’s important to provide accurate information about the property to the attorney.

A comprehensive title search also includes inquiries to the city where the property is located, to determine whether past water bills and other city charges are up to date. Unfortunately, some title companies or other closing agents often skip this important step.

If problems are found during the title search, the time it takes to clear them up depends on the issue involved. Open water bills or small contractor liens can be paid quickly and the cloud can be removed. Complex issues, like the death of one of the owners, take much longer, in that case because the deceased person’s estate would likely need to go through probate.

Importance of Completing the Title Search Before Closing on a Property

Completing the title search before closing on a property is a necessary step towards closing. Title searches that are not thorough or are incomplete can harm the buyer, with potential legal disputes or financial claims attached to the property even after the purchase is finalized.

Protecting the Buyer’s Investment

A title search protects a buyer’s investment by uncovering existing claims, liens, or other encumbrances. Identifying these issues before closing allows a seller to fix any problems that appear so the transaction can be completed.

Florida law requires sellers to provide “marketable title,” free of defects that could affect a buyer’s property rights. A comprehensive title search ensures that the title the buyer is receiving is indeed marketable.

Uncovering Title Issues

A proper title search may reveal issues affecting ownership of the property, including:

  • Liens from contractors, the Internal Revenue Service, and others
  • Unpaid local property taxes
  • Outstanding mortgages
  • Legal judgments attached to the house
  • Claims from previous owners

If any of these issues arise, they must be addressed before closing. A seasoned real estate attorney in Florida will navigate the process of resolving title issues.

Ensuring a Smooth Closing Process

Completing a thorough title search ensures the closing process on a Florida real estate deal goes smoothly. Identifying and addressing potential problems early avoids  last-minute surprises that can delay or derail a closing.

Working with an experienced title search attorney throughout the process ensures the title search is done properly and comprehensively.

Potential Risks of an Incomplete Title Search in FL

An improperly performed title search can prove costly to both buyer and seller.

Problems stemming from a poor title search include:

Missed Issues Impacting the Title

Without a thorough title search, important issues may be missed. Perhaps the legal description for the property was recorded incorrectly when the seller had purchased the home. Maybe the owners bought the home as a couple but one since passed away, leaving that person’s interest to their children.

Unforeseen Liabilities for the Buyer

Financial issues can also be revealed in a title search. Perhaps a contractor who did work on the roof years ago was never paid. Or maybe years of water bills could be outstanding.

These types of liens “attach” to the home, which means the new buyer could be responsible for paying them, even though the bills were incurred by the seller.

Delays in the Closing Process

If there are problems with a home’s title, it’s better they do so as early as possible. Title searches that are done late or incompletely can cause issues to appear right before closing, triggering unnecessary delays or derailing the deal.

Quick Frequently Asked Questions

1. What is a “Quiet Title Action,” and when is it legally necessary?
If a title search reveals a complex “cloud”—such as a missing heir from a decades-old probate case or a disputed boundary line—that cannot be resolved by paying a fee, a Quiet Title Action may be required. Under Florida Statute Chapter 65, this is a formal lawsuit filed in circuit court to “quiet” any challenges to the property. A judge reviews the evidence and issues a final judgment, which, once recorded, establishes the plaintiff as the clear legal owner and removes the defect from the public record.

2. How does the Marketable Record Title Act (MRTA) simplify searches?
Under the Marketable Record Title Act (Florida Statute Chapter 712), Florida law generally limits how far back a title search must go to establish “marketable title.” It creates a 30-year “root of title.” This means that most claims, encumbrances, or restrictions that were recorded more than 30 years ago and have not been properly preserved or referenced in the modern chain of title are legally extinguished. This protects owners from “ancient” claims that could otherwise stall a closing.

3.What is the difference between an Owner’s Policy and a Lender’s Policy of title insurance?
In Florida, there are two distinct types of title insurance policies:

  • Lender’s (Mortgagee) Policy: Required by almost all banks, this protects only the lender’s investment up to the remaining loan balance.
  • Owner’s Policy: This protects the buyer’s full purchase price. Unlike other insurance, you pay a one-time premium at closing. Florida utilizes promulgated rates set by the state (Rule 69O-186.003, F.A.C.), meaning the base premium for a $500,000 home is the same regardless of which title agent you use. When both policies are issued together, you may qualify for a “simultaneous issue rate,” which significantly reduces the cost of the lender’s policy.

4. Why is a “Municipal Lien Search” often ordered separately from a title search?
A standard title search focuses on documents recorded in the county’s Official Records. However, many municipal liabilities—such as unpaid water bills, unrecorded code enforcement fines, and open building permits—may not be recorded yet. Because these “unrecorded liens” follow the property (and the new owner), Florida real estate attorneys typically order a separate Municipal Lien Search. This ensures the buyer is not blindsided by a city fine for a fence built without a permit three years ago.

5. How does a boundary survey interact with my title coverage?
While a title search examines the “paper” ownership, a survey examines the “physical” ownership. Most Florida title insurance policies contain a “Survey Exception,” which means the insurer will not cover issues that an accurate survey would have revealed (such as a neighbor’s pool encroaching on your lot). By providing a recent survey to your closing attorney, you can often have this exception “deleted” from your policy, giving you legal protection against future boundary disputes or encroachments.

The LAW OFFICE OF GARY M. LANDAU, P.A., Experienced Real Estate Attorney in Florida Serving Broward and Palm Beach Counties

An experienced title search attorney will perform a thorough title search early in the process, so everyone can feel confident that the property sale will move easily to completion.

With more than 25 years of experience and countless satisfied clients, Gary M. Landau and his team are uniquely positioned to help you with your probate and real estate needs in South Florida. Whether you’re ready to probate a loved one’s estate or to write your own will, or if you are purchasing a home, have inherited a home, or want a closing agent to handle title insurance and all documents for your closing or refinancing, the Law Office of Gary M. Landau is ready to work with you.

Call our office at (954) 979-6566 or complete our online form today to schedule a free consultation. We work with our clients in person, over the phone, or on Zoom.

Copyright © 2023. LAW OFFICE OF GARY M. LANDAU, P.A. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction.

LAW OFFICE OF GARY M. LANDAU, P.A.
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Frequently Asked Questions

A will is the simplest way to ensure that your funds, property and personal things will be distributed after your death the way you want them to. Even if you have very few assets, you will benefit from having a will. About half of all Americans die without a will (known in legal terminology as dying intestate). Without a will to indicate your wishes, the court steps in and distributes your property according to state law. A will ensures that your assets will be given to family members or other beneficiaries you designate.

 

Having a will is doubly important if you have young children. One section of the will allows you to designate a guardian for them in the event of your death. Without a will, the court will appoint a guardian for your children, who may not be the person you desire.

Many Florida residents have out-of-state wills, drawn up while they were still living among the hills of North Carolina or the hubbub of New York. If the will was valid according to your old state’s laws at the time you made it, it is still legal in Florida. However, if you are a Florida resident, you may benefit greatly by having a new will drawn up in Florida, because it will likely be more easily admitted to probate.

 

It is important to know that each state has its own requirements for what makes a will a legally binding document. For example, Florida doesn’t recognize handwritten wills that haven’t been witnessed (known as “holographic wills”), or oral wills not put into writing, even if other states okay them. There’s also the matter of Florida estate law. In this state, for example, your surviving spouse is entitled to 30 percent of your net probate estate, regardless of what you say in your will. The spouse may also have a “Homestead” interest in property you share here, even if you want your house to go to someone else. In fact, all real property owned in Florida will be subject to this state’s laws, even if you’re a snowbird maintaining a residence in the state where your will was drawn up. Other peculiarities also exist, which is why a Florida will could make things much easier for your heirs.

 

If you would like to have me review your current out-of-state will, I am happy to do so without charge. If it turns out to be in accordance with Florida state laws and procedures, you can continue to rely on it. If not, however, your heirs would rather you discover that now.

It is a good idea to re-read your will every few years to be sure it reflects up-to-date realities (you may not want to leave your heirloom to a niece you are no longer speaking to, nor have someone be named your child’s guardian if they have taken seriously ill since you drafted your will). It is especially important to reexamine your will if:

 

  • You have gotten married since it was last drafted;
  • You have made bequests to people who have fallen out of your favor or are no longer living (I recently updated the will of a man who had left everything to his first wife, who was long deceased), or you have not included people who are now dear to you;
  • You would like to change the person named as the personal representative of the estate. (Note: Florida law does not allow a nonresident of the state to serve in this position, unless it is an immediate family member or certain other relatives);
  • You have acquired pricey or sentimental items that are not accounted for in your will. Do note, though, that Florida law allows you to attach a separate personal property memorandum to your will, detailing who will get which specific items. This list can be changed whenever you want.

Perhaps I should answer this question with where not to store it: in a bank’s safety deposit box. Although it may seem logical to put this with your other important papers, it is often difficult for your heirs to gain access to the box once you die, since the box is sealed then and must be opened in the presence of a bank employee.

 

One good option is to leave your original will with the attorney who drafted it, making copies for your personal representative and other important relatives and letting them know who has the original. For my clients who prefer that I store their original will, I keep it in a fireproof will vault in my office, or in the vault in my bank.

 

As an alternative, you could store the will in a fireproof box or vault in your own home.

 

Wherever you store it, be sure to let your personal representative and other close relatives know where you have put it!

Probate is when the court oversees your assets and liabilities after your death. During probate, the court makes sure that your will is valid and acceptable; that all debts, bills, creditor’s claims, and taxes are paid from your estate’s assets; and that your remaining assets are distributed to your beneficiaries according to your will (or, if no will exists, by Florida law).

 

Probate usually does take longer than most beneficiaries would like. But in order to ensure that everyone with a right to a claim is included in the process, the court requires several steps. If the size and complexity of your estate are minimal, however, the entire process of probate can take as little as a few months. Larger estates that are subject to IRS estate taxes or those involving litigation on the part of creditors or heirs generally take longer, often one or more years.

 

To speed the process along for simple and small estates, the courts allow a shortened form of probate, known as “summary administration,” which requires much less paperwork and time.

A personal representative (PR) is a friend or relative, or an attorney or bank, who is put in charge of the estate until all matters regarding the probate are resolved. (In other states, this person is sometimes called an executor or administrator.) The job of the PR includes identifying all assets, searching for creditors and paying valid claims, filing required estate tax returns if the estate is large enough (the figure escalates over time, according to Congressional laws), coordinating with the probate court and attorneys, and overseeing the distribution of assets–all done under the guidance and assistance of a qualified attorney.

 

Serving as a PR is an important role, and such a person should be selected with care as to who is most willing and best able to serve in this position. By Florida law, your personal representative must be over 18 years of age, and be a blood relative, your spouse, the parent or child of your spouse, or a Florida resident.

Generally, no. If you co-own all property via such legal structures as “tenancy by the entirety” or by “joint tenancy with right of survivorship” the property immediately passed to you upon your spouse’s death. Proof of death is usually all that is needed to pass such jointly owned title for cars, stocks, and other personal property to the surviving spouse.

 

But if even one asset was held solely in the deceased person’s name, or any property is owned in the form of a “tenancy in common,” that estate will be required to go through probate. If the assets are limited, the shorter, simpler form of probate is generally all that is required.
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