In a perfect real estate transaction, title comes back clean and the parties close on schedule. In South Florida, that happens most of the time — but not always. Broward County has its share of title peculiarities, and some of them surface at the worst possible moment: the week before a scheduled closing, after the buyer has given notice to their landlord, after the seller has made commitments for their proceeds.

At Richard Rosa Law, we handle title review, title insurance, and title dispute resolution for residential and commercial transactions across Broward County and South Florida. Here are the title issues we encounter most often — and what happens when they show up.

1. Open and Expired Building Permits

Open permits are among the most common title issues in Broward County. A prior owner pulls a permit for a remodel, completes the work, and never calls for the final inspection. The permit stays open in the county system indefinitely. When the property sells years later, the title search reveals the open permit — and the buyer’s lender often refuses to close until resolved. If the work was done properly, a retroactive inspection may resolve it quickly. If the work was done without permits, it may require bringing the work up to current code. Either way, cost and timeline must be negotiated between buyer and seller.

2. Unpaid HOA and Condo Association Liens

Florida gives associations powerful lien rights. Unpaid assessments, special assessments, fines, and attorney’s fees can all become liens. In distressed transactions, these liens frequently survive and attach to title. Association estoppel letters are sometimes wrong — amounts change as fees accrue between the request date and closing. We always verify the estoppel is current and confirm the payoff reflects the correct amount before scheduling closing.

3. Code Enforcement Liens

Broward County municipalities have active code enforcement programs, and fines accumulate rapidly — $100 to $500 per day on unresolved violations. We have seen these liens reach six figures on properties where the owner never resolved a violation. Florida allows petitioning code enforcement boards for lien reduction. We have negotiated significant reductions for clients, but the process takes time — which is why identifying these issues early matters.

4. Estate and Probate Title Defects

Properties that passed through an estate without full probate, or where a deed was recorded improperly following a death, create chain of title defects that can make the property uninsurable. We regularly see situations where a surviving spouse conveyed property they believed they owned outright, but the deceased spouse’s interest was never properly transferred. Resolving estate-related defects typically requires a quiet title action or cooperation of all heirs. Timeline ranges from weeks to months depending on circumstances.

5. Prior Mortgage Satisfactions Not Recorded

When a mortgage is paid off, the lender must record a satisfaction with the county. Sometimes they do not — or they record it years later. A satisfaction never recorded appears as a live mortgage lien on title, and the title company will not insure over it without a recorded satisfaction or affidavit from the lender confirming payoff. Tracking down a prior lender — especially one that has since been acquired — can be time consuming. We manage this process directly, working with title underwriters to find solutions that allow the transaction to close.

Catching These Issues Early

The best time to find a title problem is at the beginning of a transaction, not the week before closing. We recommend ordering a title search immediately upon execution of a purchase agreement. Early discovery gives all parties maximum time to negotiate who bears the cost of resolution.

Richard Rosa Law handles title insurance and title review for residential and commercial transactions throughout Broward County, Fort Lauderdale, and South Florida. Call 954-351-7474 or contact us to schedule a consultation.