Stuart Real Estate Closings Attorney

A Stuart real estate closings attorney can help you with many aspects of the process, including navigating speed bumps that sometimes pop up during a real estate transaction.

Real estate closings and title services affect many people in Stuart and nearby areas of the Treasure Coast, from businesspeople selling commercial property to individuals purchasing a new home. Title issues are a common cause for impediments in the process. Often, the seller is unaware of the issue until it comes up during the standard closing process.

Common Title Problems

Here are some of the more common title problems:

• Outstanding or unknown liens or encumbrances
• Unreleased or unsatisfied mortgages
• Error in a prior deed
• An easement or restrictive covenant on the property which
• negatively restricts its intended use
• Outstanding real estate taxes
• Errors in public records
• Illegal deeds
• Missing heirs
• Forgeries
• Boundary/survey disputes

Existing, undisclosed, or undiscovered liens are among the more common problems that occur in real estate closings. Some liens, like unpaid property tax, are expected and are typically addressed in the transaction. Others may pop up unexpectedly because they were not disclosed to the buyer, and in some cases, the seller was unaware of the lien as well. Liens from construction companies or other workers may also be a surprise—often it takes a while for the company to decide it won’t be paid for its work and file a lien. This may happen after a title search has been conducted. However, it is still a good idea to do a thorough title search. If a lien is discovered, your Florida real estate attorney can advise you on the best way to resolve the problem.

Sometimes problems with probate may cause issues when a property is sold. For example, an unknown heir may appear after probate has closed and the deceased person’s home has been sold. This person may now believe they have some claim to the property, and the other heirs have no right to sell it. Often this kind of situation can take a while to resolve in court, and may hold up the process long enough that the potential buyer moves on.

Additional Title Problems

Other title problems may be related to breaks in the chain of title. Whenever a property changes hands, whether it is sold, donated, inherited, etc., this change needs to be clearly documented in paperwork. Sometimes during a title search, you may find a gap that’s hard to explain. For example, the title was in John Smith’s name from 1990-2010 and then in Jane Jones’ name from 2012-today, but no one can find a title for the two years in between.

This presents a big red flag, and the situation should be researched thoroughly. Often it is due to errors in paperwork, a person’s name being accidentally omitted from documents, etc. Your Florida real estate attorney may be able to help you fix the problem once you figure out the reason for the gap. However, you don’t want to proceed until you have found and fixed the issue, as that leaves the possibility that another owner will show up and claim full or partial ownership.

If you have questions or concerns about real estate transactions, title closings, or other Florida legal services, please contact Apfelbaum Law for a consultation. We can be reached at 772-236-4009, or contactus@alawfl.com.