The Florida Association of Legal Document Preparers 


Warranty Deeds

by Jeff
(Gainesville, Florida)

My parents have a warranty deed on a property that was written around twenty years ago guaranteeing clear title. They also bought the property next to them around six years ago which has a warranty deed from a person but he has passed away. It was originally purchased from the same person my parents bought their original property from and they were provided a warranty deed like my parents. They had an attorney do both closing. They have title insurance for both properties. The first property they bought has for clear title. The second has a barring entry for mineral rights.

The first property they put a manufactured home on years ago. The second is still vacant.

They had both properties sold six months ago. The mineral rights showed up and the sale fell through due to the buyer unable to get a loan due to the mineral rights. The person who sold them the property will not return their call and tells them to call his attorney who handled the closing between him and my parents. My parents used the same attorney for the second purchase from the neighbor. The attorney told my parents they knew there were mineral rights on the property back in the eighties but this was never mentioned during either sale or closing.

The title insurance company has been dragging their feet since the claim has been filed.

I want to know if my parents can go after the provider of the warranty deeds. The first was written direct to my parents. The second was written to my parents by someone else who has passed, but can it fall back to original provider of a clear title warranty deed.

If you have title insurance can you still go after the provider of the warranty deed. If the attorney knew about mineral right is he liable as someone who was hired for the closing.

Is their an order of who should be responsible?

Comments for Warranty Deeds

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Mineral Rights in Florida
by: FALDP Staff

If the reservation of mineral rights is on property that is in a non-mining area the rights may well be worthless. However, as you discovered, it put a defect on your title which must be cleared. I found a very informative article on this attorney site -

Owner's policy
by: Anonymous

If owner bought an Owner's policy, he needs to look at the exceptions in the Owner's policy.

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