What Is a Title Search?
A title search is the process of examining public records to trace the ownership history of a property and identify anything that could prevent a clean transfer. Title examiners review deeds, mortgages, court records, tax records, and lien filings to build a complete picture of who owns the property and what claims exist against it. The search produces a title abstract or report that serves as the basis for issuing title insurance.
Florida Title Search Process
In Florida, the title search is performed by the title company or a licensed abstractor working on behalf of the title company. The examiner searches records at multiple sources:
- County Clerk of Court — Official records including deeds, mortgages, lis pendens, and judgment liens
- Property Appraiser — Legal description verification, ownership records, and exemption status
- Tax Collector — Current and delinquent property tax status, special assessments
- Federal and state lien databases — IRS tax liens, state tax warrants, and UCC filings
- Municipal lien search — Code enforcement liens, utility liens, and open permits from the city or county
Under Florida's Marketable Record Title Act (Chapter 712, Florida Statutes), most title searches go back at least 30 years to the root of title. The examiner verifies that the chain of title is unbroken and that all prior liens have been satisfied.
What a Title Search Reveals
A thorough Florida title search will identify:
- The current legal owner and how they hold title (sole ownership, joint tenancy, tenancy by the entireties, trust, LLC, etc.)
- Open mortgages and home equity lines of credit
- Judgment liens, tax liens, and mechanics liens
- Easements, restrictive covenants, and HOA declarations
- Open code enforcement cases or building permit violations
- Any clouds on title such as recording errors, missing satisfactions, or gaps in the chain
Title Search vs. Title Insurance
The title search is the research; title insurance is the protection you buy based on that research. The search identifies known issues in the public records. Title insurance protects against issues that the search could not reasonably discover, such as forged deeds, undisclosed heirs, or recording errors made by the county clerk. Both are standard components of a Florida real estate closing.
How Long Does a Title Search Take?
A standard residential title search in Manatee or Sarasota County typically takes 5 to 10 business days. Complex searches involving commercial properties, properties with extensive lien histories, or properties acquired through estate or foreclosure may take longer. Rush searches are available when closing timelines require it.
Related Terms
- Abstract of Title — The historical document produced by the search process
- Chain of Title — The ownership history the search traces
- Clear Title — The goal of the title search
- Title Insurance — Issued after the search confirms clear title
- Recording Statute — The law that governs which recorded documents take priority
Barnes Walker Title Search Services
Barnes Walker Title performs full title searches on every residential and commercial closing in Manatee, Sarasota, and surrounding counties. The firm's in-house title examiners search county, state, and federal records, identify any issues, and work with attorneys to resolve defects before closing. To order a title search or get a closing cost estimate, submit a title inquiry.
Florida Law Reference
Fla. Stat. § 627.7711
Regulates title insurance rates, forms, and practices in Florida. Title insurance premiums are promulgated by the Florida Office of Insurance Regulation.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC