The Search Is Free and Almost Nobody Does It First
County official records are public and searchable. A buyer serious about a fire-damaged Florida property can establish in an afternoon whether anything is recorded against it.
Most do not, because in most of the country a burned house does not attract recorded claims in the first weeks. Here it can, and the parties who record are frequently subcontractors and suppliers the owner never engaged. The full position is on our page covering liens and the assignment.
What Is the Question to Ask?
The Buyer Who Searched and Will Clear It
Their number is lower and it accounts for something real. Clearing a recorded claim costs money, takes time and sometimes requires a bond or a court application, and a buyer absorbing that has to price it.
They will also usually tell you what they found, which is information you can use with every other buyer. That is worth more than the difference between their offer and a higher one that has not been tested.
The Buyer Who Wants You to Clear It
Perfectly legitimate as long as it is said. You resolve whatever is recorded, they close on clean title, and the number reflects a property without the problem attached.
What causes damage is the version where the assumption is silent, so the requirement surfaces two weeks before a closing as work you had not planned and cost you had not budgeted.
How Do I Tell Which Assumption They Made?
The Buyer Who Has Not Looked
The commonest, and rarely dishonest. A construction lien statute that lets unpaid subcontractors attach to a house after a fire is not a feature of most markets, and an investor active elsewhere has no reason to expect it.
Their number looks best today. Then title work runs, something surfaces, and the figure moves at the point where you have stopped speaking to anyone else.
The question that catches it: have you bought a fire-damaged property in Florida before, and did anything turn up in the records.
The Buyer Who Asks What You Signed
Rarer and a good sign. Whether a valid assignment of benefits exists changes who controls the claim, and on a policy issued or renewed from 1 January 2023 no new assignment is available at all.
A buyer asking about this is doing diligence that affects them and also happens to be the question you most need answered. It is not a warning sign; it is competence.
One Offer Worth Refusing
Any buyer proposing to pay a contractor, settle a lien or deal with a restoration company on your behalf before closing.
Payments made outside the closing without proper written releases are exactly the situation the statutory warning describes, and a party whose interest is buying your house cheaply is the wrong party to be managing your releases. If a claim is to be resolved by a buyer, it belongs in the closing where the title company can see it.
Contract Assigners
Some parties sign to buy and sell the contract on before closing. On a property with an unresolved title question that is the arrangement most likely to fail late, because the eventual purchaser inherits a problem they were never part of assessing.
The question that catches it: which entity will appear on the deed. A principal buyer gives you a name you can search in the same records.
The Records Worth Pulling
Your own paperwork. Every document signed since the fire, and every envelope received. Notices to Owner are a list of parties who may record.
The county clerk's official records. For your address, to see what is already there.
The same records for the buyer's entity. Search them as grantee. What a firm has taken title to describes it better than its marketing does.
The state licence lookup. A party marketing your property to others is brokering and needs a Florida licence. A principal buyer taking title does not.
Where We Fit, and Where We Do Not
We buy as principal, in our own entity, with our own funds, and we take title. We do not assign contracts. Ask us whether we have searched the records for your address and the answer should be specific.
We are frequently not the right answer. Where nothing is recorded, the frame came through and the neighbourhood supports the finished value, a rehabber will pay closer to that value than we can, and doing the work yourself keeps the margin. Our written figure says so when the numbers point there. What happens from there is on our page about how the process actually runs.
Questions About Buyers
One Offer Is Far Above the Others.
Ask that buyer what they found in the county records. On a Florida fire file that single answer explains a great many gaps.
A Buyer Says Liens Are Not a Problem.
They are not fatal and they do have to be cleared, bonded or resolved before a closing. Ask them which of those they intend and who pays.
Does a Buyer Need a Licence?
Not to buy as a principal and take title. Marketing property on behalf of others requires a Florida real estate licence, and the state lookup is free.