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Sell Land with Title Problems in Florida

Common Florida title problems, from missing heirs and wild deeds to old mortgages and judgment liens, how title companies cure them, quiet title under Chapter 65, and selling as-is for cash.

by SWFL Land

Yes, you can sell Florida land with title problems, and you do not have to clear every defect before you get an offer. We buy Florida land with title problems, including missing heirs, gaps in the chain of title, wild deeds, old mortgages that were never released, judgment liens, pending lawsuits and legal descriptions that do not match the survey. SWFL Land (Libera Capital Group LLC) is a direct cash buyer, not a listing agent. You usually get a written cash offer within 24 hours, we close in 7 to 21 days through a licensed Florida title company, there are no commissions or fees, we pay standard closing costs, and you can sell as-is from anywhere. Call (239) 686-0823 or request a cash offer online.

This page is general information about Florida land, not legal or tax advice. For advice on your situation, talk to a Florida attorney or the title company handling your sale.

What is a title problem on Florida land?

A title problem, often called a cloud on title, is anything in the public record (or missing from it) that makes it unclear who owns the land or what claims attach to it. Title companies find these when they search the county’s official records before issuing a commitment. Florida law requires a title insurer to make a determination of insurability, based on a reasonable title search and sound underwriting practices, before it issues a commitment or policy (s. 627.7845, F.S.). If the insurer cannot insure, most buyers and lenders will not close.

Recording matters in Florida. An unrecorded deed or mortgage is not good against creditors or later buyers who pay value without notice (s. 695.01, F.S.). That is why a deed signed years ago but never recorded can create a problem for the person who thinks they own the land.

What title problems are most common on Florida land?

Missing or unknown heirs

When an owner dies and the land never goes through probate, title stays in the dead owner’s name. Every heir may hold a share. See selling land owned by multiple heirs and selling probate land.

Wild deeds and gaps in the chain

A wild deed is a recorded deed from someone who does not appear as an owner in the chain of title. A gap is a missing link, such as a deed that was never recorded or a name that changes between documents. Both leave the examiner unable to trace ownership from one owner to the next.

Old mortgages never released

Lenders sometimes fail to record a satisfaction. Florida has a statute that ends old mortgage liens on its own timeline: a mortgage lien generally terminates 5 years after the maturity date if the maturity can be determined from the record, or 20 years after the date of the mortgage if it cannot, unless the holder re-records as the statute allows (s. 95.281, F.S.).

Judgment liens

A money judgment becomes a lien on Florida real property when a certified copy is recorded in the county with the lienholder’s address (s. 55.10, F.S.). The lien lasts an initial 10 years and can be extended another 10 years by re-recording before it expires (s. 55.10(2)). No judgment can be a lien more than 20 years after entry (s. 55.081, F.S.).

Lis pendens (pending lawsuit)

A notice of lis pendens warns buyers that a lawsuit affects the property. If the suit is not founded on a duly recorded instrument or a construction lien, the notice generally stops being effective 1 year after the suit began unless the court extends it, and the court can discharge it (s. 48.23, F.S.).

Legal description and boundary errors

A wrong lot number, a typo in a directional call, or a metes-and-bounds description that does not close can all cloud title. A survey that shows a fence or driveway over the line raises boundary questions as well.

Defective deeds

Florida deeds must be signed in front of two subscribing witnesses (s. 689.01, F.S.) and generally acknowledged before a notary or other officer to be recorded (s. 695.03). Missing witnesses or a bad acknowledgment are common on older or homemade deeds.

Code liens and tax issues

Recorded code enforcement liens and unpaid taxes also show up in a title search. See selling land with code liens and selling land with back taxes.

How do title companies cure title problems in Florida?

The fix depends on the defect. This table shows the usual paths. Every file is different, and the title underwriter makes the final call.

Problem Common cure Florida law that may apply
Missing heirs, owner died Probate or summary administration, heir deeds, or partition Ch. 733, ch. 735, ch. 64
Unreleased old mortgage Recorded satisfaction from lender or servicer; or reliance on statutory termination s. 95.281
Judgment lien Payoff or negotiated release at closing; check whether the lien has expired s. 55.10, s. 55.081
Lis pendens Dismissal and release, expiration, or court discharge s. 48.23
Single typo in lot, block or direction Recorded curative notice for a scrivener’s error, or a corrective deed s. 689.041
Missing witness or bad acknowledgment Re-executed deed, or reliance on the curative statute after 5 years of record s. 95.231(1)
Wild deed, gap in chain Quitclaim deeds from possible claimants, affidavits, or quiet title suit Ch. 65
Boundary dispute New survey, boundary line agreement, or quiet title Ch. 65

Corrective deeds and curative statutes

A corrective deed is a new deed from the same grantor that fixes an error in the earlier one. It only works if the grantor is still alive and available to sign. When that is not possible, Florida has curative statutes:

  • Scrivener’s errors (s. 689.041). A recorded curative notice can correct a single error in a lot or block number, unit or phase, or one directional designation or fraction. It does not apply to quitclaim deeds, documents with multiple errors, or land described only by metes and bounds, and other conditions apply. Once recorded, the notice relates back to the original deed.
  • Defects in execution (s. 95.231(1)). Five years after recording, a deed takes effect despite defects such as a missing seal or witness or a defective acknowledgment, absent fraud, adverse possession or pending litigation.
  • Long-recorded deeds (s. 95.231(2)). After 20 years from recording a deed or probating a will, no one may assert a claim against the grantees or devisees and their successors.

How does a quiet title action work in Florida?

When paperwork cannot fix the problem, the owner can ask a court to quiet title under Chapter 65, Florida Statutes.

  • A person claiming title, whether in possession or not, can sue to remove a cloud (s. 65.021). The suit can be brought in the name of the owner or a prior owner who warranted title (s. 65.031).
  • Grounds include clouds from a conveyance or claim by a non-owner, defective deeds or mortgages, and adverse possession that has ripened into title (s. 65.061).
  • The plaintiff generally has to trace title from the original source or for at least 7 years before filing, unless the court directs otherwise (s. 65.061).
  • The final judgment can be recorded, which is what the title company relies on.
  • Tax deed titles have their own quiet title section, s. 65.081. See selling tax deed land.

Quiet title cases involve service on every possible claimant, sometimes by publication when people cannot be found, so they take time and cost attorney fees. Timelines vary by county and by how many defendants there are.

Adverse possession

Florida adverse possession requires 7 years of possession. Under s. 95.18, a claimant without a written instrument must pay the taxes within 1 year of taking possession and file a return with the property appraiser within 30 days after paying. Possession under a recorded written instrument is covered by s. 95.16. A title company usually wants a court judgment before relying on an adverse possession claim.

What does title insurance do on a land sale?

Before closing, the title agent issues a commitment. Schedule B of the commitment lists requirements (things that must be done before closing, such as recording a satisfaction or getting a deed from an heir) and exceptions (things the policy will not cover, such as recorded restrictions or easements). Your title problem shows up as a requirement. Once the requirements are met, the buyer gets an owner’s policy at closing. The insurer decides whether a cure is good enough to insure; the seller and buyer do not.

Selling as-is vs. fixing title first

Clearing title yourself means hiring a Florida attorney, chasing signatures, and possibly filing a quiet title suit before you can list. Some defects take one recorded document; others take a lawsuit. Selling as-is lets the buyer take on the cure work. Our offer reflects the land as it stands, and the title company tells both sides what must be done to close. Compare options in our guide to cash buyer vs. listing vs. tax deed and estimate your net with the land sale proceeds calculator.

How we buy land with title problems

  1. Send the address or parcel ID and tell us what you know about the problem.
  2. Get a written cash offer, usually within 24 hours.
  3. A licensed Florida title company opens title, identifies the defects, and lists what is needed. That can include payoffs, releases, corrective documents or heir signatures.
  4. Close in 7 to 21 days once the title company can close, with remote or in-person signing and funds by wire or check.

We never promise that every title problem can be cleared. The title company reviews it, and we make an offer on the land as it stands. Some files close quickly; others need more time.

Where to Look This Up

  • County property appraiser: the current owner of record, legal description and parcel ID.
  • County Clerk of Court official records: deeds, mortgages, satisfactions, judgments, lis pendens and liens. Search by owner name and by every prior owner you know of.
  • County Clerk court records: probate cases, foreclosures and quiet title suits.
  • County tax collector: unpaid taxes and outstanding tax certificates.
  • Sunbiz: search.sunbiz.org if a past owner or lender was a company.

Use our find your county page for each county’s official sites, and the Florida land due diligence checklist. For land that has also been inherited, read selling inherited land in Florida.

Title Problem FAQs

Who buys land with title problems in Florida?

SWFL Land (Libera Capital Group LLC) buys land with title problems in all 67 Florida counties, as-is, for cash. Call 239-686-0823 or email info@swflland.com for a written offer, usually within 24 hours.

Can I sell land if the title is not clear?

Yes. You can sign a contract, and the title company works on the defects before closing. A buyer who wants insurable title will usually need the requirements in the commitment met before closing.

How long does a quiet title action take in Florida?

It varies. Service on all defendants, publication for unknown parties, and the court’s calendar all affect timing. Ask a Florida attorney for an estimate based on your file.

Does an old mortgage still count against my land?

Possibly not. Under s. 95.281, a mortgage lien generally ends 5 years after its maturity date if the maturity appears in the record, or 20 years after the mortgage date if it does not. The title underwriter decides whether it can rely on that.

How long do judgment liens last in Florida?

A recorded judgment lien lasts 10 years and can be extended once by re-recording, but no judgment can be a lien on property more than 20 years after it was entered (ss. 55.10 and 55.081).

What is a wild deed?

A recorded deed from someone who never appears as an owner in the chain of title. It usually needs a quitclaim, affidavits or a quiet title judgment before a title company will insure.

Can a typo in the legal description be fixed without a lawsuit?

Often. If the original grantor can sign, a corrective deed can fix it. A single scrivener’s error in a lot, block or direction may also be cured by a recorded notice under s. 689.041 if the statute’s conditions are met.

Do I need title insurance to sell land?

Florida does not require a seller to buy title insurance, but most buyers want an owner’s policy, and lenders require a lender’s policy. The title company handling your sale issues it after clearing the requirements.

Ready to Sell?

If a title problem has stalled your Florida land sale, you can sell it as it stands. Call (239) 686-0823 or request a cash offer online. We close through a licensed Florida title company with no commissions or fees.

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