A title search is the review of public records that comes before every Florida closing. A title agent or closing attorney traces the chain of ownership through the recorded deeds, confirms the seller has the right to sell, and lists every mortgage, lien, judgment, easement and restriction recorded against the home. Problems found in the search get paid off or fixed before you close, and the title insurance policy you buy covers what the search could miss.
What the search covers
Section 627.7845 of the Florida Statutes says a title insurer can't issue a commitment or policy until it has made a reasonable title search and an examination of the results. The searcher typically checks:
- Deeds back through the chain of ownership, looking for gaps, missing signatures or estates that were never probated.
- Mortgages still open against the home, which are paid off from the seller's proceeds.
- Judgment liens against the seller, and against the buyer, since a recorded judgment attaches to real estate the debtor owns in that county under section 55.10.
- Tax records, to confirm property taxes are paid or to set up the property tax proration.
- Easements and restrictions, including HOA covenants.
Florida's Marketable Record Title Act (section 712.02) gives clear title to an owner whose recorded chain reaches back at least 30 years, subject to listed exceptions, and that 30-year line shapes how far back a Florida search reaches. A separate municipal lien search is often ordered too, to catch open permits, code violations and unpaid utility bills that don't always show up in the county's land records.
From search to title commitment
The results go into a title commitment, the insurer's promise to issue a policy once listed requirements are met. It names the proposed insured, the requirements to clear before closing (such as paying off the seller's mortgage) and the exceptions the policy won't cover (such as recorded utility easements). The Florida Realtors/Florida Bar contracts give the buyer a short window to object to title defects in writing and give the seller a cure period to fix them.
A worked example
A seller agrees to sell a home for $315,000. The search shows a first mortgage with a payoff of $201,450 and a $6,850 judgment a credit card company recorded against the seller two years ago. Both are listed as requirements on the commitment, and the title agent pays both from the seller's side of the closing.
| Line | Amount |
|---|---|
| Sale price | $315,000 |
| Seller's mortgage payoff | −$201,450 |
| Judgment payoff | −$6,850 |
| Seller's proceeds before commission and closing costs | $106,700 |
The buyer's money isn't touched by any of this. Once the liens are released and recorded, the owner's policy insures clean title.
What buyers can do
Answer the title agent's questions quickly, and tell your lender up front about any judgment or lien in your own name so it can be paid or settled early. If a judgment belongs to someone with a similar name, a signed same-name affidavit usually clears it. Our page on buying with a judgment against you covers the options.
The cash to close guide lists the title charges that show up on your closing statement. When a title question pops up mid-contract, call AAA Capital Funding at 888-601-8344 and we'll work it out with the title agent so your closing date holds.