Living in paradise comes with a price, (well, besides for higher car insurance)… It’s hurricane season. And, while you might worry about storm shutters and flood insurance, there’s a quieter threat that most Florida homeowners don’t see coming: How hurricane history can cloud your property’s title.
From hidden liens to fraudulent deeds, the aftermath of a major storm can create title defects that surface years later, threatening your ownership and equity.
Here’s how hurricane history can impact your title, and how to protect your investment before the next storm hits.
By Hayley Baldinelli, J.D.
Table of Contents
The Hidden Title Threats After a Hurricane
1. Unpaid Post-Storm Liens & Special Assessments
The Problem: After a hurricane, local governments or HOAs often levy special assessments for debris removal, repairs to common areas, or infrastructure rebuilding. If a previous owner failed to pay these, the lien attaches to the property, not the person.
Florida Example: A Cape Coral buyer discovered a $15,000 lien from 2017 (Hurricane Irma) for unpaid debris removal fees. The title search missed it because it was filed years after the storm.
2. “Ghost” Mortgages & Missing Beneficiaries
The Problem: Hurricanes can tragically result in missing or deceased owners. If a property owner died without a clear will (intestate), heirs might be unknown or unreachable. If the estate wasn’t properly probated, the title chain is broken.
How It Affects Title: You could own a home with an unresolved heir who later emerges to claim ownership.
3. Fraud & Contractors Scams
The Problem: In the chaotic recovery period, scam artists often file fraudulent contractor’s liens for work never performed. They prey on distressed homeonwers and overwhelmed county recording systems.
How It Affects Title: These fraudulent liens can linger in the public record for years, only surfacing when you try to sell or refinance.
4. Incomplete or Rushed Repairs & Permits
The Problem: Homeowners may make rushed repairs after a storm without pulling proper permits. Later, these unpermitted improvements can create issues during a sale if they don’t meet code.
How It Affects Title: While not a direct title defect, it can halt a closing until the permits are resolved, a costly and time-consuming process.
5. Property Line Shifts & Easement Disputes
The Problem: Major storms can literally reshape the land. Erosion can blur property lines, and new FEMA flood maps can create unexpected easements or building restrictions.
How It Affects Title: Your buildable lot might shrink, or you may discover an easement that prevents you from adding a pool or garage.
How a Title Search Uncovers Hurricane-Related Risks
A thorough title examiner looks for more than just standard mortgages and deeds. For Florida properties, especially in coastal zones, they must:
- Check for Disaster Declarations: Identify if the property was in a federally declared disaster zone and then search records from that period.
- Review Post-Event HOA/Condo Minutes: Look for discussions of special assessments or major repairs.
- Search for “Ghost” Liens: Dig for mechanic’s liens or minicipal liens filed in the 12-24 months following a major storm.
- Verify Probate Was Closed: If an owner died around the time of a storm, ensure the estate was settled correctly.
How to Protect Yourself
For Buyers:
- Order an Enhanced Title Search: Don’t settle for the standard 30-40 year search. Request a search that specifically focuses on periods following major hurricanes.
- Get a Survey: An up-to-date survey can reveal post-storm erosion issues or encroachments.
- Buy Title Insurance: This is non-negotiable. An owner’s title insurance policy is your best defense against these hidden, hurricane-related risks. It will cover legal fees and losses if a pre-existing lien or heir emerges.
For Homeowners:
- Keep Records: Save all receipts and permits for storm-related repairs.
- Pay Special Assessments Promptly: Ensure any HOA or city storm fees are paid in full before you ever list your home.
- Review Your Title Annually: Consider a title lock service or annual review to monitor for fraudulent activity.
In Florida, a property’s history isn’t just about who owned it, it’s about what storms hit it. A clean title search accounts for both.
Worried about hidden hurricane liens or title issues?
Our Sarasota title team specializes in deep-risk searches that uncover storms’ hidden impacts. Get a Free Title Consultation
Preparing for Hurricane Season in the Sarasota Area? Visit the Sarasota County Hurricane Preparedness Page