• Skip to primary navigation
  • Skip to main content
Law Offices of Geil S. Bilu, P.A.

Law Offices of Geil S. Bilu, P.A.

Real Estate & Business Attorney | Sunrise, Broward & Palm Beach County

  • Home
  • Real Estate Attorney – Sunrise
  • Title & Closing Services
    • Title Insurance Calculator
  • Commercial Real Estate
  • Business Law Attorney
  • Practice Areas
  • FAQs
  • Legal Insights
  • Contact
  • Show Search
Hide Search

Title & Closing Services

House Stealing, Title Defects, and Lien— Oh My! How We Clear Them Before Your Broward County Closing

Law Offices of Geil S. Bilu, PA · September 19, 2026 ·

Title defects and liens are recorded problems — an old debt, a forged deed, a missing signature — that can legally stop a Florida real estate closing until they’re cleared. Broward County’s Property Appraiser has spent the past several months urging residents to sign up for a free fraud-alert program, and Florida Realtors reported in July 2026 that AI tools are making the underlying problem worse. Neither of those headlines is about a lawsuit or a courtroom drama — they’re about paperwork, and paperwork is exactly where a real estate closing lives or dies. If a deed, a lien, or a judgment on your property’s title history isn’t what it appears to be, it doesn’t matter how good the rest of your deal is. Here’s what’s actually happening right now, and what it takes to clear a title problem before it derails your closing.

AI-Driven Deed Fraud Is Making an Old Problem Faster


quiet title attorney florida

Artificial intelligence is now being used to generate forged deeds, fake closing documents, and deepfaked or voice-cloned impersonations of real property owners. Deed fraud and forged-document schemes aren’t new, but Florida Realtors reported in July 2026 that AI is changing the mechanics of how they happen — fraudsters use AI tools to create convincing forged signatures, fake closing documents, and fabricated identification, plus deepfake or voice- cloning technology to impersonate an actual owner over the phone or in a video call. The properties most often targeted are the ones nobody’s watching closely: vacant homes, out-of-state owned properties, homes with no mortgage left on them, and homes owned by older adults or owners going through financial difficulty.

The legal fallout from these schemes varies. A deed that was outright forged is generally void from the start, but “void” doesn’t mean the problem fixes itself — clearing it from the public record still requires a formal legal action. A deed obtained through deception rather than forgery is often only voidable, meaning it can become significantly harder to unwind once the property changes hands again. Either way, the property can’t close cleanly until the record is fixed.

What Is Broward County’s Owner Alert Program? A Free Early-Warning Tool


Owner Alert is a free notification service from the Broward County Property Appraiser’s Office that emails or texts a property owner any time a document changing ownership is recorded against their property. Property owners register with their name and property ID, and the system flags a filed deed or ownership change with the County the moment it’s recorded. It’s a genuinely useful early-warning system — if someone tries to file a fraudulent deed on a property you own, you find out fast instead of finding out at your own closing table months later. But the County’s own program page is upfront about its limits, as of this writing: Owner Alert “is not a substitute for a title search,” and it can’t determine on its own whether a filed deed is legitimate or fraudulent. It tells you that something was recorded — not whether it’s a problem, and not what to do about it if it is. That’s the gap between a helpful notification and an actual legal resolution, and it’s exactly where a title review by a Broward County real estate attorney comes in, both before a closing and after a fraud alert fires.


What we’d tell every client: sign up for Owner Alert if you own property in Broward County — it costs nothing and takes five minutes. Just don’t mistake it for a title search, and don’t wait to get a professional opinion if it ever flags something you didn’t authorize.

What Are the Most Common Title Defects and Liens Before a Florida Closing?


The most common title defects we clear before a Broward County or Sunrise, FL closing fall into five categories: unreleased old mortgages, prior-owner judgments and liens, probate-related gaps, defective deeds, and outright deed fraud. Deed fraud gets the headlines, but it’s far from the only thing that clouds a title. In roughly 20 years and an estimated 6,000 closings, here’s what actually shows up most often:

  • Old mortgages that were paid off but never properly released. A prior lender gets paid at a past closing, but the satisfaction of mortgage is never recorded — or is recorded incorrectly — leaving what looks like an active lien on a property that’s actually been paid off for years.
  • Judgments and liens attached to a prior owner. A judgment against someone who owned the property years ago can sometimes attach to the property itself depending on timing and Florida’s judgment-lien rules, surfacing unexpectedly during a title search on an otherwise unrelated sale.
  • Probate-related title issues. When an owner passes away, property doesn’t always transfer cleanly, especially without a will or with heirs who never formally addressed the estate. These issues can sit dormant for years until a sale forces the question.
  • Errors in legal descriptions and improperly prepared or recorded deeds. A misdescribed parcel boundary, a missing signature, or a defective acknowledgment on a deed recorded decades ago can still create a real problem for today’s buyer.
  • Fraudulent or forged deeds — the category made more dangerous by the AI-driven tactics described above.

How Title Defects Are Resolved: Corrective Deeds vs. Quiet Title Actions


liens deed fraud broward county

Most title defects in Florida are cleared administratively with a corrective deed or lien release; a formal quiet title action in court is reserved for defects that can’t be resolved that way. When a defect can be cleared administratively — obtaining a corrective deed, tracking down a lender to record a satisfaction that was missed, negotiating a lien payoff or release — that’s the faster and less expensive path, and it’s where most title issues actually get resolved. When a defect can’t be cleared that way, particularly with old, unreleased claims or a genuinely disputed ownership history, a quiet title attorney in Florida files a quiet title action — the formal court process used to establish clear, marketable title once and for all. It’s a more involved process, but it’s what stands behind a title insurance policy that actually protects a buyer or lender going forward.

This is also where Florida’s newer fraud law fits in. As we covered in our recent post on this year’s legislative session, HB 1293 makes it a felony to occupy or claim residential property using a forged deed or false identity, effective October 1, 2026, and gives property owners a faster path than a standard eviction once fraud is established. That law strengthens the criminal side of these cases — it doesn’t replace the civil title work of actually clearing the record, which still has to happen before a sale can close.

Quick Answers: Title Defects, Liens & Deed Fraud in Broward County


What is a title defect?

A title defect is any recorded problem — an unreleased mortgage, a lien, a probate gap, or a fraudulent deed — that clouds legal ownership of a property and must be resolved before a sale can close.

Is Broward County’s Owner Alert program free?

Yes. Registration is free through the Broward County Property Appraiser’s Office and takes about five minutes; it is not a substitute for a title search.

Do all title defects require going to court?

No. Most are cleared administratively through a corrective deed or lien release. A quiet title attorney in Florida is only needed for the smaller share of cases where a formal court action is the only way to resolve the defect.

The Bottom Line: When to Call a Real Estate Attorney


None of this changes what a title company alone can catch — and none of it should. A title search finds what’s recorded. Resolving what it finds, especially anything involving a forged document, an old unreleased lien, or a probate gap, is a legal problem, not a paperwork problem, and it’s exactly the work a Broward real estate closing attorney does before you ever get to the closing table.


If you’re buying, selling, or refinancing in Sunrise, FL or anywhere in Broward County and a title search has come back with something that needs resolving — or if Broward County’s Owner Alert has ever flagged something you didn’t recognize — a free, confidential consultation is the fastest way to find out what you’re actually dealing with. Call 954-580-2092 or request a consultation online. The Law Offices of Geil S. Bilu, P.A. has served as a real estate attorney in Sunrise, FL for over 20 years, and as a quiet title attorney in Florida, clearing exactly these kinds of title defects and liens before closing is core to what we do.


This post is for general informational purposes and is not legal advice. Program details and legal information are current as of September 2026 and drawn from the sources cited below; consult an attorney about your specific title or closing situation.

Sources

  • AI Adds New Risks to Florida Deed Fraud — Florida Realtors
  • Owner Alert — Broward County Property Appraiser’s Office
  • Broward County Launches Program to Help Property Owners Avoid Scams — NBC 6 South Florida

3 Broward Real Estate Closing Traps That Catch Buyers and Sellers Off Guard

Law Offices of Geil S. Bilu, PA · June 11, 2026 ·

Most Broward County residents buy or sell a home only a few times in their lives. But a residential closing has enough moving parts to derail even a straightforward deal — and the issues that cause the most trouble are rarely the dramatic ones.

After more than 20 years handling closings and residential real estate transactions across Sunrise, Plantation, Weston, Fort Lauderdale, and the rest of Broward County, I see three issues come up repeatedly. None of them are unusual. All of them are expensive to overlook.

Trap 1: Title Insurance — Who Actually Pays in Broward County?


Florida regulates title insurance rates at the state level. The Florida Department of Financial Services sets title insurance premiums under Rule 69O-186.003 of the Florida Administrative Code.

So the rate is not negotiable. The payment responsibility is.

In Broward County, the question of who pays for the owner’s title insurance policy is not fixed by law — it is a matter of contract and local custom. That is a critical distinction.

In some Florida counties, the seller customarily pays. In others, the buyer does. In Broward, the contract language controls the outcome — and what you signed in your purchase agreement is what governs.

For sellers in Sunrise, Plantation, or Weston, this means reading the clause carefully before you sign. A single clause allocating the owner’s policy to the seller can shift thousands of dollars in closing costs, often without either party noticing.

For buyers, the same rule applies: do not assume “custom.” Confirm what your contract actually says.

Trap 2: Municipal Lien Searches in Broward Are a Multi-Channel Process


This is where Broward closings get genuinely complicated.

Broward County’s Building Code Services Division offers a formal code violation research process, including lien searches by email request and a published fee. That is the county-level channel.

But county-level searches alone are often not enough. Broward’s research process also includes separate contact channels for code enforcement and zoning lien searches — a clear signal that title and lien clearance in Broward routinely runs through multiple offices at once.

What this means for a Sunrise or Broward closing:

•              A county-level search may miss a city-level violation

•              A city-level search may not catch a county code or zoning issue

•              Complete lien clearance typically requires verification across multiple jurisdictions

How Long Does a Broward Lien Search Take?

There is no single processing time that applies uniformly across Sunrise, Weston, Fort Lauderdale, and the rest of Broward County. Timelines vary based on which city the property is located in, the type of lien involved, whether an estoppel or payoff statement is required, and the current workload at the responding office.

For most Broward closings, the realistic planning window is several weeks — not several days.

Why Lien Issues Trip Up So Many Closings

Buyers and sellers often assume the title company handles everything. That is partly true — but a title company’s lien search is only as thorough as the channels it queries. If a Sunrise property has a code enforcement issue logged at the city level that does not appear in county records, the title search can pass while the lien still exists.

When working with a Broward real estate closing attorney, get clear answers about which jurisdictions are being searched — and which are not.

Trap 3: FIRPTA Withholding for Foreign Sellers


The Foreign Investment in Real Property Tax Act — FIRPTA — applies any time a foreign person sells U.S. real property. It is a federal withholding mechanism, and it surfaces regularly in South Florida closings.

The IRS treats FIRPTA withholding as the default. Exceptions exist, but they are limited.

The most common residential exception:

•              Sale price of $300,000 or less, and

•              Buyer intends to use the property as a primary residence

If both conditions are met, the buyer can generally claim the residence exception and avoid withholding — but the buyer’s intent must be documented, not simply assumed.

Once the sale price exceeds $300,000, the IRS withholding thresholds apply:

Sale PriceWithholding Rate
$300,001 – $1,000,000 (buyer’s residence) 10%
Over $1,000,000 15%

These thresholds catch sellers off guard in Sunrise and throughout Broward County, where home values routinely cross the $300,000 mark.

Why FIRPTA Is So Common in South Florida

South Florida has a large international ownership base. Foreign sellers — particularly from Latin America, Canada, and Europe — represent a meaningful share of Broward County residential transactions. When the seller is a foreign person and the buyer does not properly document the residence exception, withholding applies automatically.

Sellers can recover over-withheld funds through the IRS, but it takes time and adds significant friction to what should have been a clean closing.

If you are buying from a foreign seller anywhere in Broward County — Sunrise, Margate, Tamarac, Hollywood, or elsewhere — work with a Broward real estate closing attorney who handles FIRPTA documentation regularly. A small upfront investment prevents a complicated refund-recovery process later.

The Bottom Line for Broward Buyers and Sellers


These three traps have something in common: they are all routine in concept and detail-heavy in execution. They rarely show up as emergencies — they show up as avoidable costs that weren’t avoided.

The closing professional you choose matters. A Florida real estate attorney who regularly handles Sunrise and Broward County transactions will catch the title insurance clause, run lien searches across the right jurisdictions, and flag FIRPTA exposure before it becomes a problem — not after.

If you are planning a Broward County closing in 2026, get these questions answered before you sign your contract.

Contact the Law Offices of Geil S. Bilu, PA →

Geil S. Bilu, Esq. is a Florida real estate attorney with over 20 years of experience representing buyers, sellers, landlords, and investors across Broward County. The Law Offices of Geil S. Bilu, PA is headquartered in South Florida and focuses exclusively on real estate law.

Sources: Florida Department of Financial Services — Title Insurance Overview · Broward County Code Violation Research Packet · Broward County Code Violations Search · IRS FIRPTA Exceptions · IRS FIRPTA Internal Revenue Manual Guidance

Ready to talk to a real estate attorney in Sunrise FL? Schedule a free, confidential consultation.


Office

7822 NW 44th Street
Sunrise, FL 33351

Mon-Fri: 9am - 5pm
(954) 580-2092
Click for Map

Copyright © 2026 · All Rights Reserved · Law Offices of Geil S. Bilu, P.A.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Designed by AdSketch Design

  • Home
  • Real Estate Attorney – Sunrise
  • Title & Closing Services
  • Commercial Real Estate
  • Business Law Attorney
  • Practice Areas
  • FAQs
  • Legal Insights
  • Contact