State records guide
Property title search in Florida
Facts below are taken from Florida statutes and official sources, each linked, each checked on the date shown. General information, not legal advice.
A Florida title search usually runs through the Clerk of the Circuit Court's Official Records in one of 67 counties. Mortgages foreclose in court, apart from a timeshare trustee procedure. Unpaid taxes become tax certificates before any tax deed sale, and the condominium statute caps what a first mortgagee taking title owes the association.
What a Florida title search has to account for
| Where deeds are recorded | Fla. Stat. s. 28.222 makes the clerk the recorder of instruments the clerk is required or authorized to record, in one general series called the Official Records, including deeds, mortgages and notices or claims of lien presented for recording. A special law can provide otherwise, as in Orange County. Source: Fla. Stat. s. 28.222, checked 2026-11-06. |
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| Recording jurisdictions | Florida has 67 counties, so the search is run in the county where the parcel sits. Source: Florida Department of State, Florida Quick Facts, checked 2026-11-06. |
| Mortgage foreclosure process | All mortgages are foreclosed in equity, and the action, if tried, is tried to the court without a jury. A separate section sets a trustee foreclosure procedure for certain timeshare mortgage liens. Source: Fla. Stat. s. 702.01, checked 2026-11-06. |
| Redemption after a mortgage foreclosure sale | The mortgagor or a holder of a subordinate interest can pay and prevent the sale at any time before the later of the clerk's filing of the certificate of sale or the time specified in the judgment. After that the statute says there is no right of redemption. A federal statute gives the United States its own period when it held a junior lien. Source: Fla. Stat. s. 45.0315, checked 2026-11-06. |
| Delinquent property tax sales | The holder of a tax certificate may apply for a tax deed once 2 years have elapsed since April 1 of the year the certificate was issued, and the application moves the property toward a tax deed sale unless the certificate is redeemed or cancelled. How tax certificate and tax deed sales work in Florida, chapter 197, section by section. Source: Fla. Stat. s. 197.502, checked 2026-11-06. |
| Redemption after a tax sale | The owner can redeem a tax certificate at any time after it is issued and until a tax deed is issued, unless the tax deed has already been paid for in full at the clerk's office. Redemption means paying the tax collector the face amount plus all interest, costs and charges. Source: Fla. Stat. s. 197.472, checked 2026-11-06. |
| Transfer-on-death deed | Florida's Uniform Transfer-on-Death Security Registration Act defines beneficiary form as a registration of a security. A read of Titles XL and XLII of the statutes found no section creating a transfer on death deed for land. Whether Florida has a transfer on death deed, and what its statutes cover instead, section by section. Source: 2026 Florida Statutes, s. 711.501, checked 2026-11-08. |
| Marital property system | In a divorce the court sets apart each spouse's nonmarital assets and divides the marital assets starting from the premise of an equal split, unless the statutory factors justify otherwise. A recorded judgment or deed carries out that division. Florida community property rules, section by section. Source: Fla. Stat. s. 61.075, checked 2026-11-06. |
| HOA assessment lien priority | When a first mortgagee or its successor or assignee takes a Florida condominium unit by foreclosure or deed in lieu, its liability for unpaid assessments is limited to the lesser of 12 months of regular assessments or 1 percent of the original mortgage debt, provided it joined the association where joinder is required. Any other new owner is jointly liable with the previous owner for unpaid assessments that came due up to the transfer. Source: Fla. Stat. s. 718.116, checked 2026-11-06. |
Where are Florida deeds recorded?
Florida keeps its land records at the county level, usually with the Clerk of the Circuit Court. Fla. Stat. s. 28.222 makes the clerk the recorder of all instruments the clerk is required or authorized to record, in one general series called the Official Records. Article VIII, section 1(d) of the Florida Constitution makes the clerk ex officio recorder unless a special law provides otherwise, and in Orange County the Comptroller's office keeps the Official Records.
For a buyer this means one office per county, and the parcel decides which county. The section lists deeds, mortgages, notices or claims of lien and other instruments presented for recording, and lets the clerk keep maps and plats in a separate book. Recorded instruments come from that series, while a tax lien or a court case can sit elsewhere, so the report verifies findings with the assessor, tax office, recorder and courts.
How does a Florida mortgage foreclosure show up in the record?
Florida is a judicial foreclosure state. Fla. Stat. s. 702.01 has all mortgages foreclosed in equity, so the lender files a lawsuit, obtains a final judgment, and the property is sold at a judicial sale. One procedure runs outside that path: s. 721.856 establishes a trustee foreclosure procedure for certain timeshare mortgage liens.
The redemption rule is narrow. Under s. 45.0315 the mortgagor or the holder of any subordinate interest may pay and prevent the sale at any time before the later of the clerk's filing of the certificate of sale or the time the judgment specifies. After that, in the words of the statute, there is no right of redemption, though 28 U.S.C. 2410(c) gives the United States its own period when it held a junior lien. Section 45.031 gives 10 days for objections to the sale before the clerk files the certificate of title, and title passes on that certificate. An auction title report reports the foreclosing lien's position and the liens that would survive, in dollars, for the bidder's attorney. Which liens a judgment cut off is for a Florida attorney.
What happens to unpaid property taxes in Florida?
Florida separates the tax lien from the tax deed. The process begins with a tax certificate. The certificate holder does not own the property, and the owner can still redeem.
Under s. 197.502 the certificate holder may apply for a tax deed once 2 years have elapsed since April 1 of the year the certificate was issued, and the application moves the property toward a sale unless redemption or cancellation intervenes. Under s. 197.472 the certificate can be redeemed until the tax deed is issued, unless full payment for the deed has already been made to the clerk. Section 197.542 sets the time for paying the bid.
For a tax deed bidder the research question is what the deed leaves in place. Section 197.552 says no right, interest, restriction or other covenant survives the issuance of a tax deed, with the exceptions it lists, and s. 197.122 makes taxes a first lien. Section 95.192 bars actions by a former owner when a tax deed has been held for 4 years, on the terms it states. The report states the surviving liens, taxes and assessments in dollars, and the bidder's attorney judges what a Florida tax deed does not extinguish.
How does title pass when a Florida owner dies?
When a Florida owner dies, the Official Records do not update on their own. Title and record differ: ss. 732.101 and 732.514 vest rights at death, while the last recorded deed stays in the decedent's name until something is recorded, such as a probate order or a personal representative's deed. A survivorship deed recorded during life or a trust may have moved the land already, and ss. 732.4015 and 732.401 limit how a homestead passes when a spouse or minor child survives. A probate title search finds the decedent's property by name and reports vesting at death and how title passes.
Divorce is a separate question. Under s. 61.075 the court sets apart each spouse's nonmarital assets and begins from the premise that marital assets are split equally, unless the statutory factors justify otherwise, and a recorded deed or judgment carries that out. Florida also allows a community property trust by election since July 1, 2021, covered on our Florida community property page. Whether a former spouse still holds an interest is for a Florida attorney.
Why do condominium assessments matter in a Florida title search?
Florida condominium associations hold a lien for unpaid assessments. Under s. 718.116(1)(a) a unit owner, regardless of how title was acquired, including by purchase at a foreclosure sale or by deed in lieu of foreclosure, is jointly and severally liable with the previous owner for all unpaid assessments that came due up to the transfer of title. Subsection (1)(b) limits a first mortgagee or its successor or assignee that takes title by foreclosure or deed in lieu to the lesser of 12 months of assessments or 1 percent of the original mortgage debt.
That limit applies if the mortgagee joined the association as a defendant, and joinder is not required if the association was dissolved or could not reasonably be found for service. Subsection (1)(e) has its own rule for a first mortgage recorded before April 1, 1992. A tax deed differs: s. 197.573 protects condominium assessment liens only for assessments accruing after the deed. The report lists an association claim of lien it finds as a cost for the bidder's attorney to confirm.
Which package fits a Florida property?
Every package covers Florida property wherever it is recorded. Pick by situation:
- Probate law firm: Find every property a decedent held, how it was vested and what has to be paid before it passes. $595 per estate.
- Real estate law firm: A preliminary report with schedule-style exceptions and print-ready exhibits for your matter. $695 per property.
- Builders and developers: Multi-parcel research on access, easements, restrictions, mineral reservations and entity ownership. $995 first parcel.
- Auction buyer: Know the total cost to own, which liens survive the sale and whether to bid at all. $395 for 1 property.
- Home buyer: Confirm the seller owns the home and learn what has to be cleared before you pay. $449 per property.
- Home seller: Find the old mortgage, judgment or name mismatch before a buyer's title company does. $449 per property.
Questions about a title search in Florida
Which office records deeds in Florida?
Usually the Clerk of the Circuit Court, who s. 28.222 makes the recorder of instruments the clerk is required or authorized to record, in the Official Records. The state constitution allows a special law to provide otherwise, and in Orange County the Comptroller keeps them. A Florida title search is run on the county where the parcel sits.
Can a Florida homeowner get the house back after a foreclosure sale?
Under s. 45.0315, the mortgagor or a holder of a subordinate interest can pay and prevent the sale before the later of the clerk's filing of the certificate of sale or the time the judgment specifies. After that the statute says there is no right of redemption, though the United States has its own period under 28 U.S.C. 2410(c) when it held a junior lien. An attorney advises on the rest.
How long can a Florida owner redeem after a tax certificate sale?
A Florida tax certificate can be redeemed at any time after it is issued and until a tax deed is issued, unless full payment for the tax deed has already been made to the clerk. The owner pays the tax collector the face amount of the certificate plus interest, costs and charges. The certificate holder may apply for a tax deed once 2 years have elapsed since April 1 of the year the certificate was issued.
How does Florida divide property on divorce?
Florida divides property on divorce by equitable distribution under its dissolution statute: the court sets apart each spouse's nonmarital assets and begins from the premise that marital assets are divided equally. A recorded deed or judgment carries out the division, and the report reads the chain of title with images for an attorney to review.
Does a Florida condo association lien survive a mortgage foreclosure?
Under s. 718.116(1), a first mortgagee or its successor or assignee taking a unit by foreclosure or deed in lieu owes no more than the lesser of 12 months of regular assessments or 1 percent of the original mortgage debt, if it joined the association where joinder is required. Any other new owner is jointly liable with the previous owner for unpaid assessments that came due up to the transfer. A tax deed is treated differently under s. 197.573.
How many counties does a Florida title search have to cover?
Florida has 67 counties, and a title search covers the county where the property is located. Section 28.2221 mentions a central statewide search site for an index of certain records, which does not replace reading the county's instruments. The report traces the chain of title and verifies findings with the assessor, tax office, recorder and courts.