Quiet title action in Florida is a legal process that can be used to determine the true owner of a property. However, the process can be challenging, and in some cases, it is not possible to determine who the rightful owner of a piece of property is without the help of a quiet title attorney.
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What is Quiet Title Action in Real Estate? Our Definition
The standard quiet title action definition in Florida courts states that it is a legal procedure used to determine the genuine owner of a piece of real estate. It is most often used when multiple people have claims to the same property, such as a tenancy in common arrangement.
However, a suit to quiet title refers to a specific legal process in real estate that can be used to determine the true owner of a property in the cases of competing claims. This is particularly useful in situations where multiple people claim the same property, especially if they have all been added to the title because of a foreclosure.
In some cases, a quiet title action can also be used to determine the true owner of real estate that is under dispute; such could be the case in competing claims by construction lien holders or in situations where the tenant has failed to meet their financial obligations on the property, such as paying their mortgage or property taxes.
The quiet title meaning can be rather complex, and if a lawsuit is necessary, it's crucial to reach out to a real estate attorney, such as the team at Cueto Law Group, who can help guide you through the process.
What Does a Suit to Quiet Title Do?
The purpose of a suit to quiet title is to determine the true owner of a piece of real estate. If multiple people have claims to the same property or several different unresolved claims, a quiet title lawsuit can be used to determine the property owner.
Who Can File a Quiet Title Action?
In some cases, a quiet title action can be filed by a current owner of a property to determine whether they are the true owner of the property. However, a quiet title suit can be filed by a party with a competing claim to the property’s title.
This can occur, for example, if a buyer attempts to purchase a property, but is informed that it is already under contract to another buyer. In this situation, the buyer may file a quiet title suit in an attempt to determine the true owner of the property so that they can negotiate directly with that owner.
How to File a Quiet Title Lawsuit in Florida
A quiet title lawsuit is a way to establish a legal right to a piece of real estate or property. It's often used when a property is in dispute, but it can also be used if an owner isn't sure if they have a right to the property.
If you're looking for tips on how to be successful in quiet title action, you'll want to be aware of each step of the process.
Below are the 6 basic steps for filing a quiet title lawsuit in Florida with the help of a quiet title action attorney:
1. Provide the Tax Deed to Your Quiet Title Action Attorney
When you're filing a quiet title lawsuit, the first thing that you'll need to do is provide your quiet title action attorney with a copy of the property tax record, also referred to as the deed.
This document will provide your attorney with the detailed information they need to be able to determine the current owner of the property. They will also need this document to effectively draft the necessary legal documents, such as a motion and supporting documents, which will be used to support their claim that they are the true owner of the property.
2. Quite Title Action Lawyer Reviews the Title Search
An experienced quiet title action lawyer will then take the necessary time to review the title search. This is a document that is prepared by the title company, which provides the attorney with critical information about the property, such as:
- The name of the current owner
- The date that the property was purchased
- The amount that the property was purchased for
The title search will also contain a detailed description of the property, which will be very helpful in the drafting of the necessary legal documents.
Required documents will include:
- A title search report
- Title policy
- The deed
3. The Quiet Title Complaint is Prepared
The quiet title complaint is the document used to provide detailed information about the claim made by the plaintiff and the type of relief they are requesting.
This document is prepared by the quiet title action attorney and will include specific details about the property that the plaintiff is claiming. It will also have a detailed description of the plaintiff and a short summary of their legal argument as to why they should be considered the property's true owner.
In some cases, the quiet title complaint will also include a description of their current understanding of the property and a summary of any conversations they've had with the current owner.
4. The Quiet Title Action Will Be Filed & Both Parties Will Have a Chance to Respond
In the state of Florida, a quiet title action is filed by filing a motion with the court. The motion will be filed by the quiet title lawyer on behalf of the plaintiff and will be served on the property’s current owner. The current owner will then have an opportunity to file a response to the motion, which will be filed with the court.
All parties involved will have 20 days from the day they are served to respond. If they fail to respond within the allotted time, then the quiet title lawsuit will be able to move forward without any further interference.
5. Quiet Title Action Proceedings Begin
If all parties respond and participate in the quiet title action proceedings, the court will schedule a hearing, allowing both parties to present their arguments in person.
The quiet title action attorney will be responsible for presenting the arguments in favor of the plaintiff. At the same time, the property’s current owner will be allowed to present their arguments in support of their claim that they are the valid owner of the property.
6. A Motion for Final Judgement is Filed
Once all parties involved have had a chance to present their case, a motion for final judgment will be filed. This motion will be used to request that the court make a final decision in the quiet title action and will be supported by the necessary legal documents.
The final decision in the quiet title action will then be made based on the evidence that has been presented during the proceedings.
How Long Does a Quiet Title Action Take?
The length of time it takes for a quiet title action to be completed depends largely on the case’s complexity and whether all parties involved are cooperative. If all parties are cooperative, a quiet title action may be able to be completed within a matter of months.
However, in cases where the parties cannot reach an agreement, the quiet title proceedings may be extended for several months.
How Much Does a Quiet Title Action Cost in Florida?
Again, the cost of quiet title actions in Florida will vary greatly depending on the complexity of the case and the amount of research that needs to be done. The cost of a quiet title action will also depend on the current owner of the property and their legal representation.
Can I Do a Quiet Title Myself?
Technically, yes, you can perform a quiet title action without a lawyer. While attempting to do a quiet title yourself can seem like a good idea, it's recommended that you seek the help of a quiet title attorney near you to help you navigate the complexities involved in these cases.
Doing a quiet title action yourself can be time-consuming and complicated, so you will need to invest a significant amount of time and money in completing the process.
Instead of doing a quiet title action yourself, it's generally recommended that you seek the assistance of a quiet title Florida attorney who can help you navigate the process. This will help you ensure that you can complete the process within a timely manner and at the lowest possible cost.
Get Help from an Expert Quiet Title Action Florida Attorney
Need advice from a quiet title lawyer in Florida? Contact our skilled team of quiet title attorneys and get your questions answered. Contact Cueto Law Group today.
Our Final Thoughts on Quiet Title Action in Florida
Quiet title actions are complex legal proceedings that require the assistance of an experienced attorney. If you need legal assistance with a quiet title action in Florida, please feel free to contact our law firm. Our team is committed to providing the best attorney-client relationship possible, and we're eager to help you navigate the complex legal system.
FAQ
Still have a few questions regarding the real estate law in Florida and quiet title actions? Below are a few of our real estate lawyers’ frequently asked questions about quiet title action in Florida:
Can Tax Title Services Be Used as a Quiet Title Alternative?
If you are filing a quiet title action on your own, then tax title services could help. However, tax title services shouldn't be used as a quiet title alternative entirely because they don't provide the same legal protections and benefits as a quiet title action.
Instead, tax title services will often provide the user with all of the necessary legal documents and background information regarding the property they need to complete a quiet title action, such as the legal title, claims of ownership, and all public records associated with the Florida property.
Do Quiet Title Actions Clear Up All Title Issues?
Not always. For example, in cases of liquidated damages in Florida or other title defects, a quiet title action is sometimes not the best course of action. Also, a quiet title action will not always result in a clear title. For example, if a prior owner failed to record a deed, a quiet title action would not resolve this issue.
