A Certificate of Title is an official document that establishes who legally owns a property in Sarasota County. Buyers, sellers, investors, lenders, and heirs often need this document during real estate transactions, refinancing, quiet title actions, foreclosure purchases, or when a title defect is discovered. Understanding how to obtain a Certificate of Title — and what it actually proves — is essential for anyone involved in Sarasota real estate.
This guide explains the process for obtaining a Certificate of Title, how it differs from a deed, and what to do if your property has a cloud on title. For help navigating complex ownership issues, our Sarasota real estate law team regularly assists homeowners, investors, and buyers with title-related matters.
What Is a Certificate of Title in Florida?
A Certificate of Title is issued by the Clerk of the Circuit Court after certain legal processes — such as a foreclosure sale or a court judgment — are finalized. It confirms the transfer of ownership according to a court order. It is commonly used in:
- Foreclosure purchases
- Partition actions
- Quiet title cases
- Tax deed sales
It is different from a deed signed at a traditional closing. Deeds are private instruments executed between two parties, while a Certificate of Title is a court-issued document reflecting the legal result of a case. For standard closings, your ownership is documented in the deed prepared during the residential real estate closing process.
How to Obtain a Certificate of Title in Sarasota County
1. Determine Why You Need the Certificate
Your situation determines which agency or process applies. The most common reasons include:
- A recent foreclosure sale where you were the winning bidder
- A quiet title judgment that clears previous ownership disputes
- A court order transferring property as part of litigation
- Resolving a title defect identified during a standard real estate closing
If the need arises during a traditional purchase, the issue may relate to a title defect such as an unreleased lien or easement inconsistency. Our glossary entries on Cloud on Title and Easement explain how these issues may prevent title insurance from being issued.
2. Access the Sarasota County Clerk of Court Records
The Sarasota County Clerk of Court maintains all Certificates of Title. You can request copies online, in person, or through a title company or attorney. If the Certificate of Title resulted from a foreclosure, it is typically recorded shortly after the court confirms the sale.
Steps generally include:
- Searching the Clerk’s online records
- Locating the case number or reference number
- Retrieving the recorded Certificate of Title document
- Ordering a certified copy if needed for legal or financial purposes
3. If You Purchased at a Foreclosure Sale
After a foreclosure auction, the Clerk issues the Certificate of Title to the winning bidder. The document transfers ownership subject to any surviving liens or HOA assessments. Buyers often pair this process with a post-sale title examination to confirm no defects remain.
These risks are similar to issues outlined in our guide to condo riders, where undisclosed assessments or title defects can significantly impact ownership rights.
4. If Your Ownership Comes From a Court Judgment
Quiet title judgments, partition actions, and other court proceedings may also result in a Certificate of Title. In these cases, the Clerk records the document after the judge signs the order. Buyers often use this process to clear up:
- Old ownership claims
- Unpaid liens
- Tax deed sale complications
- Boundary or easement disputes
When buying a property with a known issue, it is wise to consult an attorney early in the process. This is similar to due diligence described in our Sarasota condo purchase guide, which explains how hidden title issues can impact closings.
What a Certificate of Title Does — and Does NOT — Guarantee
Many buyers assume a Certificate of Title guarantees clean ownership. It does not. It only confirms the result of a specific legal process.
A Certificate of Title:
- Does confirm ownership according to a court order
- Does become a recorded public document
- Does NOT guarantee title is free of liens, judgments, or association claims
- Does NOT replace title insurance
To identify remaining issues, buyers often order a formal title search or request counsel through our real estate law services.
What If There Is a Problem With Your Title?
If you uncover a title defect, your options may include:
- Obtaining missing releases or satisfactions
- Resolving boundary disputes or easement conflicts
- Challenging improper contractor liens (see Notice of Commencement)
- Pursuing a quiet title action
These issues often arise during contract review, especially when working through the Florida FAR/BAR contract or when evaluating title disclosures in resale or condominium transactions.
When to Contact a Sarasota Real Estate Attorney
You should consult a Sarasota real estate attorney if:
- You need help retrieving a Certificate of Title from the Clerk’s records
- You purchased property at a foreclosure and want title reviewed
- You discovered a lien or defect preventing sale or refinance
- Your title company requires legal clearance before issuing insurance
Title issues can delay closings, trigger litigation, or reduce property value. Legal review is often the fastest way to resolve ownership complications.
Final Thoughts
Obtaining a Certificate of Title in Sarasota County is straightforward, but interpreting what it means — and whether your ownership is truly protected — often requires professional guidance. Whether you purchased through foreclosure, litigation, or a standard closing, understanding your title rights is essential.
Contact Barnes Walker for assistance with Certificates of Title, quiet title actions, title defects, or complex real estate ownership issues.
This article is for general educational purposes and is not legal advice.
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