In today’s real estate market, timing is everything—and so is preparation. At Title X & Escrow, we’ve seen countless transactions get delayed or fall apart entirely due to avoidable title issues. Below are three of the most common title problems that can quietly undermine a closing, along with practical ways to catch and resolve them before they become a real problem.
1. Unreleased or Unknown Liens
📊 Did you know? According to ALTA, 1 in 4 properties in Florida have a title defect—most often tied to unreleased liens or outstanding debts.
These may include:
- Past mortgages not properly satisfied of record
- Home improvement or contractor liens
- HOA or municipal code enforcement liens
What to do:
Start with a comprehensive title search as early as possible—even prior to listing or contract execution if the seller has a complex history. If liens appear, allow time to request satisfactions and releases. Title X routinely flags and clears these issues well before closing.
2. Ownership or Estate Issues
Properties that involve estates, divorces, trusts, or former business ownerships often bring unexpected complications.
For example:
- A property still titled in the name of a deceased relative
- A seller unaware that a former spouse remains on title
- A trust without a valid successor trustee to sign
📊 In 2022, more than 60% of Miami-Dade title disputes involved estate or ownership irregularities.
What to do:
Always request a copy of the most recent recorded deed and compare it to the seller information on the contract. If the property involves an estate, ensure probate has been opened or completed. Our attorneys at Title X are available to assist in confirming proper signing authority before you go under contract.
3. Survey and Legal Description Conflicts
Inaccurate legal descriptions or outdated surveys can delay closing, impact lender approval, or cause boundary disputes post-closing.
Common examples:
- Encroachments like fences or sheds across property lines
- Legal descriptions that don’t match parcel ID or physical layout
- Unrecorded lot line adjustments or easements
📊 Nearly 30% of Florida resale properties show survey discrepancies or missing records when reviewed during closing.
What to do:
Always recommend a new boundary survey—especially for cash buyers, investment properties, or properties that have changed hands multiple times. We verify the legal description in all transactions, but a new survey ensures what’s on paper reflects what’s on the ground.
Final Thought: The Best Time to Prevent a Title Problem is Before It Starts
Title issues can feel like last-minute surprises, but in truth, most are preventable with early diligence. At Title X, we don’t just process paperwork—we anticipate and resolve problems before they reach the closing table. That’s the value of working with an experienced, attorney-owned team.
If you’re working on a file with a potential issue—or just want peace of mind—we’re here to help.
📞 Schedule a no-obligation review or call us directly.
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Thank you for continuing to trust Title X & Escrow.
We’re committed to helping you and your clients close smoothly—every time.
— Title X & Escrow
Attorney-Owned. Market-Savvy. Here to Stay.