If you’re buying or selling a home in Tampa, you’ll hear the word “title” come up early—and often. And for good reason.
Hi, we’re Emeri and Joe Lewkowicz, and with 40+ years of combined experience in Tampa real estate, we can confidently say this: title issues are one of the most common reasons closings get delayed (or derailed)—even when the home itself is in great shape.
The good news? Most title problems are fixable. The key is spotting them early and having the right team guiding you through the process.
So let’s walk through the most common title issues we see in Tampa real estate transactions, what they mean, and how they’re typically resolved.
1. Liens on the Property (The Big One)
If we had to name the #1 title issue in Tampa closings, it’s liens.
A lien is a legal claim against a property due to unpaid debts. Common examples include:
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Mortgage liens (if the seller still has a loan)
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Tax liens (unpaid property taxes)
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Contractor or mechanic’s liens (unpaid renovations or repairs)
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HOA or condo association liens
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Judgment liens (from lawsuits or court rulings)
Sometimes sellers don’t even realize a lien exists—especially with older debts or inherited properties.
How it’s handled: In most cases, liens are paid off or negotiated during closing. The title company confirms everything is properly cleared so the buyer receives a clean title.
2. Errors in Public Records (Surprisingly Common)
Tampa is full of older neighborhoods, long-time homeowners, and properties that have changed hands multiple times. That history is part of the charm—but it can also lead to recording mistakes.
We often see issues like:
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Misspelled names
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Incorrect legal descriptions
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Wrong lot numbers or parcel IDs
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Clerical recording errors from decades ago
These can sound minor, but they matter because your deed and ownership records must match perfectly.
How it’s handled: Title professionals typically correct these with affidavits, updated documents, or corrective deeds.
3. Unreleased Mortgages (Even When the Loan Was Paid Off)
This one surprises buyers and sellers all the time.
A seller may have paid off an old mortgage years ago—but if the lender never properly filed a release, the mortgage can still appear as “open” on the title report.
We see this most often when:
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The mortgage was paid off long ago
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The lender merged, closed, or was sold
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The payoff paperwork was incomplete
How it’s handled: The title company tracks down documentation or contacts the lender to record the release properly.
4. Ownership Disputes and Heirs (Common in Probate Situations)
Tampa has many multi-generational homes and long-held family properties. When someone passes away, the property may transfer through probate—or sometimes not at all.
That can lead to issues like:
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Missing probate paperwork
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Multiple heirs with ownership rights
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Family disagreements over the sale
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A deed that was never updated
How it’s handled: These often require probate documents, estate affidavits, or legal assistance. The sooner it’s identified, the better.
5. Boundary or Survey Disputes
Even when a buyer isn’t “worried about the lot line,” title can still be impacted by boundary issues, including:
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Fence lines that don’t match the legal boundary
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Driveways or sheds encroaching onto a neighbor’s property
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Neighbor structures crossing onto the lot
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Easements that affect use of the land
In Tampa, we see this frequently in areas with older lots, mature landscaping, or homes built close together.
How it’s handled: Depending on the situation, solutions may include a new survey, recorded agreements, or endorsements through title insurance.
6. Easements That Limit Use (Not Always a Dealbreaker—but Important)
An easement allows someone else the legal right to use part of the property—like utility companies, the city, or even neighbors.
Common easements include:
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Utility access (power, water, sewer)
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Drainage easements (very common in Florida)
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Shared driveways
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Access paths for neighboring lots
Most easements are normal—but buyers should understand how they impact future plans, especially if they want to add a pool, fence, or expansion.
How it’s handled: Easements are reviewed during the title search, and we help buyers understand what’s typical vs. what’s restrictive.
7. Fraud or Forged Documents (Rare, But Real)
While not as common, it does happen—especially in hot markets where scammers try to “sell” properties they don’t actually own.
Title companies are trained to flag suspicious activity, but it’s one reason we always recommend working with experienced professionals and using secure processes.
How it’s handled: This can require legal investigation, and it’s one of the reasons title insurance matters.
Why Title Insurance Matters in Tampa
Here’s our honest advice after decades in this market:
Title insurance is one of the smartest protections you can buy.
It helps protect buyers (and lenders) from covered issues that could come up later—like hidden liens, ownership claims, or errors in public records.
Our Closing Advice (From Emeri & Joe)
Whether you’re buying your first home, selling a longtime property, or investing in Tampa real estate, title issues don’t have to be scary—they just have to be handled correctly.
The key is having a team that knows what to look for before it becomes a problem.
If you’re planning a move in Tampa and want a smooth closing from contract to keys, reach out to The Lewkowicz Group. We’ll help you stay ahead of surprises and protect your timeline, your investment, and your peace of mind.
