Quiet Title Action

Quiet Title Attorneys

Quiet Title Law Firm

Representation in Quiet Title Actions Throughout Florida

In Florida, property owners and those looking to buy or sell real estate are encountering title issues that impact their ability to transfer or identify title ownership. Quiet title actions, which are legal actions used to clear legal title to real property, at times may be the only option to resolve a title dispute or to clear a cloud on real estate title/ownership.

Every quiet title actions first begins with a title search. A title search involves examining the public records of the county and state in which the subject property is located and determining whether there are any outstanding liens, mortgages, adverse claims of ownership or other encumbrances which “cloud” the title the property. After the title search is complete, the property owner will have a better idea of whether a quiet title action will be necessary to quell any other claims of ownership or encumbrances affecting the property. Clearing clouds on title is necessary because without clear title, the property will not be as marketable, and otherwise willing buyers might rethink their decision to purchase the property.

Once the determination of whether a quiet title action should be filed is complete, and a comprehensive title search and examination has been conducted, the lawsuit to quiet title is filed. The named Plaintiff in the lawsuit is the property owner who seeks to quiet the title. The named defendants are those persons or entities that have liens or adverse claims against the property. All interested parties and adverse claimants will have 20 days to file a response to the quiet title action. If the adverse claimants and interested parties (Defendants in the quiet title action) fail to file a response after being served, the Court will enter a default against said parties and the property owner will be able to obtain a final judgment quieting all adverse claims against the property. If however, the adverse claimants file a response to the quiet title action, the Court will examine the nature of their claims and the encumbrances against the property and determine whether and to what extent such encumbrances should be upheld. Quiet title actions are relatively straight forward lawsuits which are sometimes necessary in order to give the property owner the ability to properly market/sell the property. Contested Quiet title actions will generally take longer than uncontested quiet title actions.

Once the motion for final judgment to quiet title to the property is filed, the court will conduct an evidentiary hearing at which point the Court will make a final ruling as to whether title should be quieted against all of the named defendants. To learn more about filing a lawsuit to quiet title under Florida law, visit this free legal resource.

Title issues can arise in any type of real estate transaction and can be the source of serious legal disputes that can jeopardize your interests and investments in real estate. If you need help with a quiet title action anywhere in Florida, Edelboim Lieberman Revah Oshinsky PLLC is here to represent your interests. Our quiet title attorneys are highly experienced real estate litigators that regularly handle quiet title actions state-wide.

To discuss your needs and whether a quiet title action is the right approach, call (305) 768-9909. Your initial consultation is free.

Understanding Quiet Title Lawsuits

Clear title to real estate in Florida is often necessary to convey (sell) marketable real property. Quiet title actions involve notifying all interested persons of the petitioner’s claim of title. This civil lawsuit is filed in a Florida circuit court and is used by property owners to cut off or clear any other rights, claims, encumbrances or interests to the title of the property or that adversely affect title to the real property.

In some cases, you may want to clear easements or other negative covenants that adjacent property owners may have on your property. If this is the case, a quiet title action can be filed to accomplish a clear and marketable title.

Parties that may cloud the title may include:

  • Construction lien holders
  • Neighboring landowners
  • Leaseholders
  • Deceased prior owners.

As a property owner, you may find it beneficial to file a quiet title lawsuit so your title to your property is clear, definite and marketable. Quiet title actions are particularly useful cases where a Buyer acquires title to property via a Tax Deed Sale. Tax Deed sales regularly involve claims where the person(s) whose property is sold due to failure to pay taxes later show up out of the woodwork to claim they were deprived of some due process right and that despite the Tax Deed Sale, they are still the owners of the property. In this case, filing a quiet title action will be paramount to protecting your purchase/title.

To prevail in a quiet title lawsuit, you must be able to show with clarity and certainty that:

  • Your own title is valid;
  • The defendant’s claim to the title is invalid, unauthorized, or inferior; and
  • That any and all clouds on title have been cleared or settled.

Contact our Miami real estate lawyers at (305) 768-9909 today.

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