Quiet Title Action

A quiet title action in Florida is a legal process used to resolve disputes or uncertainties about property ownership and to establish a clear title. It is often used when there are clouds on the title, such as conflicting claims, unresolved liens, or ownership disputes.

• Resolve competing ownership claims.
• Remove clouds or defects on the title.
• Establish a marketable title to sell, refinance, or transfer the property.

1. Tax Deeds: After purchasing property at a tax deed sale, the buyer often files a quiet title action to confirm ownership.
2. Adverse Possession: When someone occupies and uses property without permission and wants to claim legal ownership after the statutory period.
3. Boundary Disputes: Conflicting surveys or encroachments that need clarification.
4. Title Defects: Errors in deeds, missing signatures, or forged documents in the chain of title.
5. Unresolved Liens or Claims: Clearing old or invalid liens that were never formally released.

• Governing Law: Quiet title actions in Florida are primarily governed by Chapter 65 of the Florida Statutes.
• Statute of Limitations: The time limit for filing depends on the specific issue, such as adverse possession or contract disputes.

File a Complaint:

• The plaintiff (the person seeking to quiet the title) files a complaint in the circuit court where the property is located.
• The complaint must include:
• A legal description of the property.
• The nature of the plaintiff’s interest.
• Any claims or clouds to be removed.
• Names of all potential claimants (defendants).

Provide Notice:

• All known and unknown parties with potential claims must be notified.
• If claimants are unknown, notice may be provided by publication in a local newspaper, following strict statutory guidelines.

Responses from Defendants:

• Potential claimants have the opportunity to file a response or contest the plaintiff’s claim.

Court Hearing:

• If no claims are contested, the court may issue a default judgment in favor of the plaintiff.
• If disputes arise, the court will hold a hearing or trial to evaluate the evidence and arguments.

Final Judgment:

• The court issues a final judgment confirming the plaintiff’s ownership and removing all competing claims or clouds on the title.

• Tax Deed Sales: A quiet title action is often necessary to convert the title from a tax deed into a marketable title, as tax deeds alone do not provide warranty of ownership.
• Adverse Possession: The claimant must meet strict statutory requirements, including continuous possession for 7 years and payment of property taxes.

• Once the court grants the judgment, the title is cleared of competing claims, and the plaintiff becomes the rightful owner.
• The judgment is recorded in the public records to confirm ownership.

• Costs: Filing fees, attorney’s fees, service fees, and publication costs (if applicable). These typically range from $2,500 to $10,000, depending on the complexity of the case.

• Timeline: Quiet title actions in Florida generally take 3 to 6 months, but complicated cases may take longer.

If you’re considering filing a quiet title action in Florida, consulting a real estate attorney is recommended to navigate the process effectively and ensure compliance with state laws.