Types of Title Defects
Title defects: unreleased liens, public record errors, forgeries, undisclosed heirs, boundary disputes, chain gaps, and encumbrances. Discovery: title search, survey, inspection, and due diligence. Most serious: forgeries (deed void; true owner reclaims), undisclosed heirs, IRS liens (120-day redemption), boundary disputes, and environmental contamination. Each requires different cure. Title insurance: protects against most but review policy for specific risks.
Common Types
- Unreleased liens, record errors
- Forgeries, undisclosed heirs
- Boundary, chain gaps
Discovery
- Title search, survey
- Inspection, due diligence
- Most found before closing
Most Serious
- Forgeries: deed void
- Undisclosed heirs, IRS liens
- Environmental contamination
Related Terms
- Title Curative — Resolution
Barnes Walker Real Estate
Barnes Walker’s attorneys handle title defects in Florida. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 712
The Marketable Record Title Act simplifies title searches by extinguishing most claims and defects that predate the root of title by 30 years.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC