Title Insurance Broward County, FL

What title insurance is and what it protects

Title insurance is a one-time-premium insurance policy that protects the policyholder against defects in real estate title that weren't identified or couldn't have been identified at closing. Unlike most insurance, it's backward-looking: it doesn't cover future events affecting the property, only historical issues with the chain of title.

What title insurance protects against:

Undiscovered liens. Prior owner debts that attached to the property and weren't released, including unrecorded mechanics' liens, IRS tax liens, judgment liens, and HOA assessments.

Forged documents in the chain of title. A prior deed, mortgage release, or assignment that turns out to have been forged or improperly executed.

Errors in public records. Recording errors, incorrect legal descriptions, indexing errors, or other clerical mistakes that affect the chain of title.

Undisclosed heirs or missing parties. A prior owner died without a probate, leaving heirs with potential claims; a former spouse with a marital interest that wasn't addressed; a co-owner whose interest wasn't conveyed.

Boundary disputes and encroachment issues. A neighboring property's structure encroaching across the legal boundary, or a boundary line uncertainty from prior surveys.

Fraud and identity theft. A prior conveyance executed by someone impersonating the true owner.

Owner's policy vs. lender's policy

The owner's policy is the policy that matters most to the buyer. The lender's policy protects only the lender's mortgage interest, not the buyer's ownership stake. In Broward County, contract negotiation determines who pays for the owner's policy. Some contracts assign owner's policy cost to the buyer; some to the seller; some split. Counsel reviewing the contract will identify the allocation.

Title insurance by Broward County sub-market

Broward County is one of Florida's largest counties by population, with substantial market variation by sub-region. Title insurance work across these sub-markets shares the Florida statutory framework but reflects local property type, buyer profile, and transaction patterns.

Fort Lauderdale and the coastal corridor. Substantial waterfront, beachfront, and Intracoastal property along the Fort Lauderdale Beach, Las Olas, and Bahia Mar corridors. Title work often involves yacht-related considerations (when the property is part of a marina or yacht club), coastal hurricane and flood considerations, and (for older condos) milestone structural inspection coordination.

Hollywood and beachside South Broward. Coastal mid-rise condo inventory, established beachfront properties along Hollywood Beach and Hallandale Beach, and substantial international ownership. Title work often coordinates with foreign seller FIRPTA withholding and Latin American buyer due diligence.

Coral Springs, Parkland, and North Broward. Newer planned development, gated communities, and family-oriented residential property. Title work emphasizes HOA association status, transfer rule compliance, and community-specific assessment status.

Pembroke Pines, Miramar, and West Broward. Substantial newer single-family and townhome inventory, with significant first-time-buyer and middle-market transaction volume. Title work emphasizes lender coordination, HOA estoppel timing, and standard transaction execution.

Weston and country club Western Broward. Established gated communities (Weston Hills, Bonaventure) and substantial Venezuelan and Latin American expatriate ownership. Title work often involves cross-border buyer due diligence, trust or LLC ownership coordination, and FIRPTA-adjacent considerations.

Plantation, Davie, and Central Broward. Mixed inventory of established residential neighborhoods, commercial property, and university-adjacent areas (Nova Southeastern, Broward College). Standard title work with attention to commercial easements where applicable.

The title examination process

Title examination involves searching public records to construct the chain of title for the property going back a defined period (typically 30 years or more, longer for commercial property). After the title search, a title commitment is issued describing the findings. Any "requirements" must be satisfied before closing (paying off existing mortgages, obtaining releases of expired liens, etc.). The title commitment also lists "exceptions," matters not covered by the policy. After closing and recording, the title commitment converts into the actual title insurance policy.

For Broward County transactions, the title examination process typically includes specific items beyond the standard search:

HOA estoppel coordination. For HOA-governed property, the HOA estoppel certificate is required, capped by Florida law at approximately $299 standard or $499 for an expedited 3-business-day estoppel.

Condo association status verification. For condo property, condo association status (assessment current, no pending special assessments, no transfer restrictions outstanding) runs alongside the title work.

Milestone structural inspection review. For condo buildings 30+ years old (25+ within 3 miles of the coast), Florida law requires milestone structural inspections. Particularly relevant for older coastal Hollywood, Fort Lauderdale, and Pompano Beach condos.

Foreign seller FIRPTA coordination. When a foreign seller transfers Broward County property, FIRPTA withholding rules require the buyer's closing agent to withhold 15% of the sale price for transmission to the IRS, subject to limited exceptions.

Common title issues and how title insurance handles them

Unreleased prior mortgages. A common search finding: a mortgage that was paid off years ago but never had a satisfaction recorded. Must be cleared before closing through coordination with the prior lender.

Outstanding tax liens or HOA assessments. The search will identify these; they must be paid off (typically by the seller) before or at closing for clear title to convey.

Deed gaps in the chain. A prior conveyance that wasn't recorded, or a missing link in the ownership chain. Typically resolved through quiet title actions or curative deeds before closing.

Probate gaps. A prior owner died and the property wasn't formally probated; resolution typically involves probate or related curative work.

Survey-related issues. Encroachments by neighboring structures, boundary uncertainty, or easement disputes.

Why work with Kelley, Grant & Tanis, P.A.

Jerron Kelley leads the firm's real estate and title insurance practice, with substantial experience in residential and commercial title work, foreign seller coordination, and complex multi-party transactions throughout South Florida. Full attorney bios on our attorneys page.

The firm's offices are in Palm Beach County, both within reasonable driving distance of Broward County:

• Boca Raton Office: 370 Camino Gardens Blvd., Suite #301, Boca Raton, FL 33432 (closest to Broward, approximately 30 to 45 minutes north of most Broward markets)
• West Palm Beach Office: 1645 Palm Beach Lakes Blvd, Suite #1200-3, West Palm Beach, FL 33401

Broward County title insurance and closing work is handled either in person at our Boca Raton office or remotely via remote online notarization (RON), powers of attorney, and remote document coordination. For international buyers and sellers, remote handling is routine and often necessary; for local buyers and sellers, both in-person and remote workflows are available.

Title insurance integrates with the firm's real estate law, estate planning, asset protection, and association law practices.

Frequently Asked Questions