7 Things You Need To Know About Quiet Title Actions In Florida

When it comes to title issues, Quiet Title Actions can sometimes be the only way to clean up the mess. Here are 7 things every homeowner, real estate buyer, or seller needs to know about the process of filing a Quiet Title Action in the State of Florida.

1 – What is the Definition of “Title”? 

When an individual owns “title” to a property in Florida, this means that the individual has some form of legal interest in that property. Florida courts are typically extremely careful to protect the recording of land ownership and the process of transferring real estate from one owner to another through a transaction, which is also known as the process of “transferring title.” 

2 – What is a Florida Quiet Title Action? 

A Florida Quiet Title Action is a lawsuit, often brought by the owner of a particular property, used to ask the judge to issue an official judgment eliminating the rights of all individuals who may have an interest in the property, such as heirs of a deceased previous owner, leaseholders, and construction lien holders, among others. In other words, a Quiet Title Action is a request made by the new owner of a property who purchased it legally for the court to invalidate all ownership rights of all individuals who had an interest in the property before the purchase.

3 – How Long Does it Take to “Quiet” a Title in Florida? 

The amount of time it will take to complete the Quiet Title Action process, from start to finish, will depend heavily upon the circumstances of your particular case, just like any litigation. Many variables will determine how long a Quiet Title case will take to complete, including:

How many parties are involved in the lawsuit,

How easy it is to locate all the parties involved, and

How long it will take to address all valid defenses.

4 – What Can I Accomplish with a Quiet Title Action? 

Quiet Title Actions result in judgments—signed by a Florida judge—that are filed in the real estate records in order to demonstrate that a Florida judge has officially declared that all adverse legal interests and claims to a specific piece of property have been eliminated and the new owner has full, indisputable ownership rights over the property in question. The title to the property is “quieted.”

5 – What Happens After a Quiet Title Action? 

Although clearing a title can be a great way of preventing issues of the past from causing problems in the present, a Quiet Title Action will not erase legitimate legal claims to a property, such as a Federal Tax Lien, for example. This is why it is indescribably important to conduct a thorough title search, focusing on these type of issues, before buying any property.

6 – What is a Chain of Title? 

The chain of title to a piece of land is the historical record of previous owners. In the State of Florida, real estate records are public documents, kept at the county clerk’s office. In some counties in Florida, one could even find handwritten land records on parchment, which usually have been scanned.

7 – What Does the Term “Cloud on Title” Mean? 

When a property has a gap in the records, there are individuals with adverse interests on the property making a claim of ownership, or there is someone asserting a lien against the property, which means the chain of title has a “cloud” on it. The term “cloud on title” simply refers to an issue of the past affecting the current owner of a property.

Work with a Real Estate Lawyer

Quiet Title Actions can be complicated due to the complex legal procedures that must be followed. If you believe a Florida Quiet Title Lawsuit is the only way to clear the title to a property you have purchased, the first step you should take is speaking with an experienced Florida Real Estate Lawyer.

At Jurado & Farshchian, P.L., you will find the best Real Estate Lawyers in Florida. Do not hesitate. Get in touch! Give us a call at (305) 921-0440 or send us an email to [email protected].

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