QUIET TITLE ACTIONS
When someone purchases a piece of real estate in Florida, they have “title,” which is the legal basis of property ownership. However, there are instances where a homeowner or property owner wants to sell Florida property, but are unable to do so because a title report indicates a title defect exists.
A title defect means that the holder of title to the property is not the outright owner because another party or parties may have an interest in the property or have clouded the title. Parties that may have an interest in the property are heirs of a deceased prior owner, construction lien holders, leaseholders, etc.
Other instances in which a title defect may arise is during the purchase of tax deeds or Homeowner Association or Condominium Owner Association deeds. The purchasers are not guaranteed any warranties or good and clear title; therefore, there are likely instruments that could cloud title to their newly purchased property. Florida law is designed to protect the chain of title to real estate and allows quiet title actions as a way to clean and clear title defects.
What is a Quiet Title Action?
A quiet title action is a lawsuit filed by someone who wants to establish legal or equitable title to a specific piece of real estate property. It is initiated in the Florida circuit court within the county where the property is located.
How do you start the process?
Establishing outright ownership in a property requires the filing of a petition with the appropriate circuit court to quiet title to the property in your name. Chapter 65 of Florida Statutes (entitled “Quieting Title”) governs quiet title actions.
All parties who might claim an interest in the real property are notified of the lawsuit. The court then reviews all of the paperwork and title documents filed to determine the rightful owner of the real estate in question. If none of the parties assert an interest in the property, the judge then issues a judgment removing all adverse legal interests to the property and the title is “quieted” in the Plaintiff’s favor.
How long does it take to quiet title?
A quiet title action typically takes at least three months to reach a final judgment. However, it can take much longer if another party contests the lawsuit. For further details, refer to "What's a Quiet Title Action?" on our YouTube Channel.
A successfully quieted title will eliminate liens, claims or other issues affecting title to your property. If you need an experienced quiet title action attorney to help you establish legal or equitable ownership to real estate property in Florida, please do not hesitate to contact Kimberly Soto, Esq. at The Soto Law Office, P.A., (321) 972-2279.
The Soto Law Office, P.A., is conveniently located in Altamonte Springs, FL near I-4, and proudly serves the residents of Altamonte Springs, Apopka, Casselberry, Longwood, Ocoee, Orlando, Brevard, Lake, Orange, Osceola, Seminole, and Volusia Counties.