Looking for Attorneys in Tampa good with Quiet Title Action

Looking for Attorneys in Tampa good with Quiet Title Action

Jon S.Pro Member
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

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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. 

Hope it all works out. 

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  • Rental Property Investor · Plant City, FL · Member since 2015 · 1k+ posts · 379 votes
    10y

     I'm interested to hear responses....

  • 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.

  • Lender · Boca Raton, FL · Member since 2015 · 84 posts · 41 votes
    10y

    Others on BP have had good results with this firm in Tampa  http://www.hicksknight.com/

    Good Luck!

  • 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. 

    Hope it all works out. 

  • 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?

  • Jon S.Pro Member
    OP
    Investor · Tampa, FL · Member since 2015 · 530 posts · 92 votes
    10y
    Originally posted by @John Thedford:

    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?

     They sold it to me. 

  • Jon S.Pro Member
    OP
    Investor · Tampa, FL · Member since 2015 · 530 posts · 92 votes
    10y
    Originally posted by @Chris Horlacher:

    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. 

    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. 

  • Jon S.Pro Member
    OP
    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. :) 

  • Investor · Yokosuka, Japan · Member since 2014 · 631 posts · 184 votes
    10y

    @Jon S.That is great news!

    Congratulations!

  • Jon S.Pro Member
    OP
    Investor · Tampa, FL · Member since 2015 · 530 posts · 92 votes
    10y
    Originally posted by @Pyrrha Rivers:

    @Jon S.That is great news!

    Congratulations!

     Thank you Pyrrha! 

  • Member since 2017 · 4 posts · 2 votes
    4y

    Congratulations Jon!!

    (Sorry to Necro the thread)... can I ask which attorney you used? and have you used them again?

    Or are you using a different attorney for Quiet Titles nowadays?

    Thanks in advance!

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