Investor · Tampa, FL · Member since 2015 · 530 posts · 92 votes
I purchased a property in July, which was resold to me from a wholesaler. At time of closing at the Title office, I paid an additional $1500 for an attorney to handle the Quiet Title Action. It is now 4 months later, and the QTA is not complete. Just two weeks ago, they exhausted efforts on finding the former owner and decided to publish, and told me to plan on another 60-90 days. Is this normal time frame? How much longer will it probably be, after publishing, before the QTA is completed and I have a clean title? Is this a normal amount of time before deciding to publish? For future reference, if this isn't a normal time frame, are there any attorneys in Tampa, who are faster with QTA service? Thanks
Attorney · Lakewood Ranch, FL · Member since 2008 · 38 posts · 13 votes
10y
Jon,
I handle a large number of quiet title actions here in Florida, statewide. The timeframe given for publication to judgment is accurate. Since I do not know the facts of the case, I cannot give any insight into whether or not 4 months was an appropriate timeframe prior to publication.
However, I can let you know that an attorney does need to exhaust their means of finding someone before publishing - that usually involves a postal search, skip trace, internet searches, military service search, social security search, tax collector search, DMV, Dept of Corrections, death record search, etc. If the attorney doesn't do all these things (must file an affidavit that he/she did them), the service could be compromised. Additionally, if the process server has attempted a few addresses, that can really slow things down.
Attorney · Winchester, VA · Member since 2015 · 726 posts · 387 votes
10y
This is a rather basic question regarding Civil Procedure. Although I cannot speak to Florida law, I can talk about Virginia, and how those rules may translate to your jurisdiction. However, as I am not licensed in Florida, your best bet is to actually consult with the State Bar's "Lawyer Referral Service" for more information. They can direct you to an attorney experienced in these matters.
From a Virginia perspective, it doesn't sound as if Counsel is doing anything wrong. Sometimes it is hard to find people. "Service of process" can get annoying and time consuming. Attorneys are bound by common law to use what is known as "due diligence" to find someone before we can resort to publication. If I had to guess, your attorney has been using these methods, such as; background searches, USPS mail service, asking the DMV, etc. I cannot speak to the methods actually used by your specific attorney.
In my state, we must go through each of these before we can do publication. Once publication is approved, it must be published in the newspapers for a number of consecutive times and terms. The exact length depends entirely on Florida law. Once publication is satisfied, it goes to a final hearing.
I would highly recommend asking the attorney you already have to explain how "service of process" works and how long something must be published in the newspaper before it can be set for a hearing. In Virginia, this would normally be 4 weeks of consecutive posting. However, it may longer or shorter in Florida.
Good luck with your case, and talk to your attorney.
Attorney · Lakewood Ranch, FL · Member since 2008 · 38 posts · 13 votes
10y
Jon,
I handle a large number of quiet title actions here in Florida, statewide. The timeframe given for publication to judgment is accurate. Since I do not know the facts of the case, I cannot give any insight into whether or not 4 months was an appropriate timeframe prior to publication.
However, I can let you know that an attorney does need to exhaust their means of finding someone before publishing - that usually involves a postal search, skip trace, internet searches, military service search, social security search, tax collector search, DMV, Dept of Corrections, death record search, etc. If the attorney doesn't do all these things (must file an affidavit that he/she did them), the service could be compromised. Additionally, if the process server has attempted a few addresses, that can really slow things down.
Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes
10y
I don't think they have offices in Tampa, but I would still consider calling the attorneys. I know Harry and he is wonderful, well informed, and I believe very fair in his dealings. Invest a little time and see if they can offer any insight. I didn't quite understand the chain of title in your post. You state you "purchased" it from a wholesaler. Did they assign it, or did they own it and sell it to you. Was this from a tax deed sale?
I don't think they have offices in Tampa, but I would still consider calling the attorneys. I know Harry and he is wonderful, well informed, and I believe very fair in his dealings. Invest a little time and see if they can offer any insight. I didn't quite understand the chain of title in your post. You state you "purchased" it from a wholesaler. Did they assign it, or did they own it and sell it to you. Was this from a tax deed sale?
I handle a large number of quiet title actions here in Florida, statewide. The timeframe given for publication to judgment is accurate. Since I do not know the facts of the case, I cannot give any insight into whether or not 4 months was an appropriate timeframe prior to publication.
However, I can let you know that an attorney does need to exhaust their means of finding someone before publishing - that usually involves a postal search, skip trace, internet searches, military service search, social security search, tax collector search, DMV, Dept of Corrections, death record search, etc. If the attorney doesn't do all these things (must file an affidavit that he/she did them), the service could be compromised. Additionally, if the process server has attempted a few addresses, that can really slow things down.
Hope it all works out.
This was reassuring information, thank you. I read your post and that was all I needed, just knowing this was par for the course.
Investor · Tampa, FL · Member since 2015 · 530 posts · 92 votes
10y
Low and behold, I received an email today, the Quiet Title was completed, and I now own a copy of the final judgement, in my favor, granting me full rights to the property. I was so happy to see that in my email today!!!! Now I can move to the next step, get it refinanced. It took 4 months to get the quiet title action final judgement. :)