Question 1

What is a title search and examination in Florida?

Accepted Answer

FL title search: a review of the official records to determine the ownership history and current status of a property’s title. The search: covers the chain of title (all recorded deeds, mortgages, and other conveyances), liens (mortgages, judgments, tax liens, and mechanic’s liens), encumbrances (easements, restrictions, and covenants), and other matters (lis pendens, probate proceedings, and bankruptcy filings). The examination: the title examiner (often an attorney) reviews the search results, identifies any defects, and prepares a title commitment or abstract of title.

Question 2

How far back does a Florida title search go?

Accepted Answer

Search period: the standard search covers the past 30-60 years (sufficient to establish a root of title under the Marketable Title Act; Chapter 712: a 30-year root extinguishes most prior interests). Some searches: go back to the original government patent (a "full search"). The depth depends on: the age of the property, the complexity of the chain of title, and the title company’s requirements. Newer properties: may only require a search from the original plat recording. Older properties: may require a deeper search to identify all potential issues.

Question 3

Who performs a title search in Florida?

Accepted Answer

Performed by: title companies (most title searches in FL are conducted by title company staff or contracted abstractors), attorneys (FL allows attorneys to perform title searches and issue title opinions; the attorney examines the official records and provides a written opinion on the status of title), and abstractors (licensed professionals who search the records and prepare an abstract of title: a summary of all recorded instruments affecting the property). The title company: uses the search results to prepare the title commitment. In FL: the title company and the attorney often work together on the examination.

Title Search and Examination

Florida Title Search and Examination

What It Covers

Search Depth

Who Performs

Related Terms

Barnes Walker Real Estate

Ready to Get Started?