7 Common Title Issues That Can Delay Your Real Estate Closing in Miami
A real estate closing is the final and often most anticipated step in buying or selling a property. It’s when funds are transferred, documents are signed, and ownership officially changes hands. But even the smoothest transaction can come to a grinding halt if there’s a problem with the title.
In Miami, where property ownership records can go back generations—and where many properties have changed hands multiple times—title issues are not uncommon. Knowing what can go wrong and how to fix it can save you time, money, and serious legal trouble.
What Is a Title?
The title is the legal documentation that proves ownership of a piece of property. When you buy a home, you’re not just getting the keys—you’re acquiring the legal rights to the land and any structures on it.
A “clean title” means there are no legal defects, liens, or competing ownership claims attached to the property. Without a clean title, you could be left with debts, disputes, or even lose the property altogether.
Common Title Problems That Delay Closings
Several issues can arise during the title search, which is typically conducted before closing. These issues must be resolved to ensure a lawful and risk-free transfer of ownership:
Unreleased Liens from Previous Owners
A lien is a legal claim against the property, often for unpaid debts like taxes, contractor bills, or court judgments. If a lien isn’t properly released, it becomes your problem as the new owner—even if you had nothing to do with the original debt.
Missing Heirs or Disputes Over Inherited Property
If a previous owner died without a clear will or estate plan, heirs may emerge to claim ownership. These disputes can delay closing or even result in legal challenges after the sale.
Errors in Public Records
Misspellings in names, incorrect legal descriptions, or clerical mistakes in recording can cloud the title and require correction before a sale can proceed.
Fraudulent Deeds or Forged Signatures
In some cases, fraudsters attempt to transfer property they don’t legally own. If a forged deed or unauthorized sale is discovered, it can void the transaction and trigger litigation.
Boundary Disputes
Conflicts with neighbors over fences, driveways, or property lines can result in uncertainty about what you’re actually buying. These often require surveys, title endorsements, or legal resolutions.
Unpaid HOA Fees or Assessments
Homeowners associations may have legal rights to file liens for unpaid dues. If these go unnoticed, you could inherit those financial obligations.
Improperly Recorded Documents
If a deed, mortgage satisfaction, or other important document was filed incorrectly, it can lead to title confusion and delay the closing until corrected.
Why Title Problems Matter
Any unresolved issue with a title can cause:
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Delays in closing
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Cancellations of the deal
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Post-sale lawsuits or financial liability
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Loss of financing or escrow complications
In serious cases, you could lose the right to own or sell the property until the defect is cleared.
How a Real Estate Attorney Can Help
While title companies are responsible for performing title searches and issuing insurance, they don’t work for you—they work to close the transaction. A real estate attorney works in your best interest to ensure you’re fully protected. They can:
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Review or conduct a title search and explain any red flags
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Clear defects through legal filings, negotiations, or title curative actions
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Coordinate with the title insurance company to ensure proper coverage
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Draft or review key closing documents, including the deed and settlement statement
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Protect you from post-closing surprises by identifying problems before it’s too late
Title Issue FAQs
What is a title search?
A title search is a review of public records to confirm that the seller has the legal right to sell the property and that there are no outstanding liens, disputes, or ownership claims.
How long does it take to fix a title problem?
It depends on the issue. Some can be resolved in a few days, while others—like probate claims or quiet title actions—can take weeks or even months.
What’s the role of title insurance?
Title insurance protects you against losses from undiscovered issues that weren’t found during the title search, such as fraud, hidden heirs, or recording errors.
Do I need title insurance in Florida?
Yes. Most lenders require it, and even cash buyers should strongly consider it. It’s a one-time cost that can save you thousands later.
Can a title issue stop a sale?
Yes. Title defects must be resolved before a closing can occur. If not, the sale may be delayed or fall apart entirely.
Who pays to fix title defects?
It depends on the purchase agreement. In most cases, the seller is responsible for delivering clear title and resolving any issues before closing.
Should I hire an attorney or rely on the title company?
A title company’s job is to close the deal, not to represent your legal interests. An attorney offers independent protection, identifies issues early, and ensures your rights are protected throughout the process.
