Florida Title Pitfalls You Won’t Hear About — Agents' Secret Win in 2025

ARETSI
Nov 20
5 min read

Discover the hidden title issues that can derail your Florida real estate deals in 2025. Learn how savvy agents use these pitfalls to their advantage with the right title partner.

If you're a Florida real estate agent, you've probably been on a listing call where everything sounds perfect. The seller swears the title is clean, there are "no issues," and you're ready to get that sign in the yard tomorrow.

But here’s the truth: what sounds simple can unravel fast once the title search begins. And the biggest problems? They usually aren't the ones you'll hear about during that first call.

In 2025, Florida agents face an increasingly complex title landscape, and those who understand the hidden pitfalls are not just avoiding deal-killers; they're using that knowledge to win more listings and close faster.

Let's uncover some of these lesser-known title pitfalls, why they matter more than ever this year, and how agents who partner early with a title expert like ARETSI stay ahead.

1. Old Liens That Never Got Released (Yes, Even Paid-Off Ones)

Many Florida properties still carry old liens from mortgages, HELOCs, or construction work that were paid off years ago, but never formally released.

Imagine this: a seller refinanced 10 years ago, paid off the original mortgage, but the release was never recorded properly. It still shows up in the title search. Your buyer’s lender won't close until it’s resolved.

Agent Tip: Ask sellers upfront if they ever paid off a loan and never received a release letter. Title companies like ARETSI can help chase down documentation before it delays your closing.

2. Legacy Easements From 1950s Florida Developments

In older neighborhoods, especially in Tampa, St. Pete, and Clearwater, it’s not uncommon to find utility or access easements from the 1950s or '60s. These were often granted to developers or utility companies that no longer exist, or were never cleaned up legally.

While they might not seem like a big deal, some can:

Limit future property improvements
Cause red flags with lenders
Require legal intervention to modify or remove

Agent Tip: If you know you're listing an older property, mention it to your title partner upfront. ARETSI’s title experts know how to flag these early.

3. Unrecorded Property Additions

A lot of Florida homes (especially in Spring Hill, Hudson, and Holiday) have additions like:

Enclosed patios
Bonus rooms
Garage conversions

The problem? If they were added without permits or weren’t updated in county records, they may not show up in legal descriptions.

That mismatch can throw off the title survey or trigger insurance issues.

Agent Tip: Encourage sellers to gather any permits or documentation for past additions. If they can't, your title company can coordinate a survey early in the process to avoid last-minute surprises.

4. HOA & Condo Association Super Liens

In Florida, HOA and condo associations have "super lien" status. That means if a seller has past-due dues (even just a few hundred dollars), the HOA could:

File a lien without the seller even realizing it
Delay your closing until the balance is paid in full
Add extra fees (attorney costs, late fees) that the seller wasn't prepared for

And guess what? Some associations don’t notify agents or title companies until very late in the game.

Agent Tip: Make "Are there any unpaid HOA/condo dues?" a standard seller question. Then connect with ARETSI right away to pull an estoppel letter to confirm.

5. Undisclosed Divorces or Deaths

This is a big one.

If a seller was previously married, or co-owned the property with someone who has since passed away, there could be outstanding ownership rights that must be cleared.

Even if the seller is listed as the sole owner now, the title may still require:

Divorce decree
Death certificate
Probate court clearance

Agent Tip: Always ask sellers: "Was anyone else ever on title with you?" ARETSI can help navigate the documentation before you're in escrow.

6. Foreign Ownership & Out-of-State Sellers

With so many out-of-state and international investors in Florida, agents often work with sellers who aren’t local, and that comes with unique risks:

Extra tax withholding rules (like FIRPTA for foreign sellers)
Power of attorney issues
Remote notarization challenges

Agent Tip: Flag this early. ARETSI can handle out-of-state closings, coordinate mobile notaries, and ensure foreign sellers meet IRS guidelines.

7. Public Records Errors (Yes, They Happen!)

Sometimes it's as simple as a typo in a deed from 20 years ago. Maybe a name was misspelled or a parcel number recorded incorrectly.

That one small error can:

Prevent transfer of clear title
Delay lender approval
Require re-recording or corrective deeds

Agent Tip: Remind sellers: just because they had a "clean" closing before doesn’t mean the record is flawless. That’s where ARETSI’s title search team shines.

8. Unreleased Mechanics' Liens

Florida contractors can file a mechanics' lien for unpaid labor or materials, and sometimes do so months after work is done.

If the seller had a new roof, pool cage, or driveway done within the last year and didn’t pay the contractor in full (or there was a dispute), the lien could appear just as you're getting ready to close.

Agent Tip: Ask: "Did you do any major renovations in the past year?" If yes, alert your title company. ARETSI can check for mechanics' liens and request lien waivers.

Why These Pitfalls Matter More Than Ever in 2025

Three key reasons:

1. Buyers Are More Cautious

Higher interest rates and insurance costs mean buyers are less forgiving. If something comes up late in the game, they may walk.

2. Closing Timelines Are Tighter

With new construction and cash buyers dominating parts of the Florida market, agents are pressured to close faster. There’s no time for last-minute surprises.

3. Your Reputation Is on the Line

Agents who consistently deliver smooth closings are the ones who get repeat business and referrals. The secret weapon? Proactive title support.

How ARETSI Helps Agents Win

At All Real Estate Title Solutions, Inc. (ARETSI), we know that real estate is personal. That's why we:

Conduct detailed title searches upfront
Flag potential issues before they cost you time
Coordinate with HOAs, surveyors, and lenders
Offer bilingual service (English & Spanish)
Handle remote and out-of-state closings

With 17 years of experience in Florida’s title industry, we help real estate professionals close with confidence.

Don’t let title surprises kill your deal.

Partner with ARETSI early in the process, and bring us into the conversation as soon as you get the listing.

Final Thoughts: Knowledge Is Your Competitive Edge

You don’t need to be a title expert. You just need to have one on your team.

Understanding these lesser-known title pitfalls is how smart Florida agents protect their deals, impress their clients, and build a reputation for being thorough and trustworthy.

If you're ready to take your closings to the next level in 2025, we're ready to help.

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