5 Title Issues That Can Derail a South Florida Real Estate Deal (And What an Attorney Does About Them)

Most buyers and sellers in South Florida think the title search is a formality — a box to check before closing day. It isn’t. A title search is the investigation that stands between you and a very expensive surprise: a lien you didn’t know about, an ownership gap from thirty years ago, or a neighbor’s legal right to cross your property. In Broward County’s fast-moving real estate market, where deals close quickly and properties change hands often, title issues surface more than you’d expect.

Here are the five title problems we see most often in South Florida transactions — and what a real estate attorney actually does to resolve each one before they derail your deal.

1. Undisclosed Liens and Judgment Liens

A lien is a legal claim against a property, and it follows the property — not the owner. That means when you buy a home in Fort Lauderdale, you can inherit every unpaid debt attached to it, from a contractor who never got paid for a renovation two owners ago to a judgment entered against a former owner in a civil lawsuit.

The most common culprits in South Florida: unpaid HOA assessments, IRS tax liens, state tax liens, mechanics’ liens from contractors, and judgment liens from lawsuits. Any one of these can cloud your title and — if undiscovered — become your problem after closing.

What an attorney does: A thorough title examination digs through the public record to identify every lien on the property. Once found, we work with the seller to either pay off the lien at or before closing, obtain a lien release, or negotiate a payoff as a condition of the deal. If a lien can’t be resolved, you know before you sign.

2. Chain of Title Gaps and Ownership Defects

Every property has a chain of title — a recorded sequence of ownership going back decades. When that chain has a gap or an irregularity, it creates uncertainty about who actually owns the property today. Common causes: a deed that was never properly recorded, a deceased prior owner whose estate was never probated, a divorce that transferred title improperly, or a forged signature somewhere in the history of the property.

In South Florida, where properties often passed through multiple hands during the real estate booms of the 2000s and 2010s, chain of title defects are not rare. A missing assignment, a deed with a defective legal description, or an heir who was never properly included in an estate transfer can surface years later as a competing ownership claim.

What an attorney does: We trace the chain back through the public records and identify exactly where the defect occurred. Depending on the issue, the fix might be a corrective deed, a quiet title action, or coordination with an estate attorney to properly close out an old probate. These aren’t quick fixes — which is why catching them early in the transaction timeline matters.

3. Unpermitted Work and Building Code Violations

This one is increasingly common in Broward County. A prior owner adds a room, converts a garage, installs a pool enclosure, or rewires part of the home — without pulling a permit. The work gets done, the house sells, and the new owner inherits an open permit issue or an outright code violation that the municipality can require them to remediate.

Florida law (and most South Florida municipalities) take open permits and code violations seriously. In some cases, lenders will not close on a property with open violations. In others, the buyer closes without knowing — and gets a notice from the city months later requiring corrective work at their expense.

What an attorney does: We run a permit search as part of due diligence and flag open permits or violations before closing. If they exist, we negotiate with the seller to either cure the violation pre-closing, escrow funds for the remediation, or reduce the purchase price to account for the cost. We also review the contract to ensure the buyer is protected if something surfaces post-closing.

4. Easements That Affect How You Can Use Your Property

An easement gives someone else a legal right to use part of your property for a specific purpose. Utility easements are common and usually not a problem — the power company has the right to run lines across the back of your lot, and that’s that. But easements can be far more intrusive: a neighbor’s recorded right of access across your driveway, a drainage easement that limits where you can build, or an ingress/egress easement that restricts your ability to fence your property.

In South Florida’s densely developed areas — particularly older neighborhoods in Fort Lauderdale, Hollywood, and Pompano Beach — easements from decades ago often show up in the title search that neither the seller nor the listing agent knew existed.

What an attorney does: We identify every recorded easement on the property, explain in plain language what it means for how you can use the land, and flag anything that conflicts with your intended use. If you’re buying commercial property intending to develop it, an undisclosed easement across the buildable portion of the lot could change the entire economics of the deal. Better to know before you’re under contract.

5. HOA Liens and Pending Special Assessments

Florida gives homeowners associations significant power to lien properties for unpaid dues and assessments — and in some cases, to foreclose on that lien. An unpaid HOA balance from a prior owner, a special assessment that was levied but not disclosed, or a pending capital improvement assessment that hasn’t yet been billed can all become the buyer’s problem if they aren’t caught at closing.

This is especially relevant in Broward County’s condo market, where older buildings are dealing with reserve funding requirements under Florida’s new structural safety laws. Buyers need to understand not just the current monthly dues, but what assessments are coming — because “pending” often means “you’ll owe this in six months.”

What an attorney does: We obtain an estoppel letter from the HOA prior to closing — a certified statement of exactly what is owed, what assessments are pending, and what the current rules and fees are. We review it carefully and flag anything that wasn’t disclosed in the contract. If there’s an undisclosed assessment, we use it as a negotiating point or a basis to renegotiate the deal.

Why Title Insurance Alone Isn’t Enough

Title insurance protects you after a problem is discovered — it doesn’t prevent the problem from happening or resolve it before closing. An attorney conducting a thorough title examination catches issues while there’s still time to fix them, negotiate around them, or walk away from the deal before you’re bound. That’s a fundamentally different kind of protection.

At Richard Rosa Law, we handle title examination and title insurance as part of our full-service real estate closing work. Our job is to make sure you understand exactly what you’re buying — the good and the complicated — before you sign.

Questions About Your South Florida Transaction?

Whether you’re a first-time buyer, a seasoned investor, or a developer working through a complex acquisition, title issues are rarely the kind of thing you want to discover at the closing table. If you’re in a deal and something doesn’t feel right — or you just want a set of experienced eyes on the title commitment — call us at 954-351-7474 or send us a message. We’re based in Fort Lauderdale and serve clients throughout Broward County and South Florida.