What is a Quiet Title Action in Florida?
In Florida, a quiet title action is a lawsuit filed to resolve disputes or uncertainties about property ownership. The quiet title action is undertaken in order to clear up any confusion that could exist for a number of reasons, and establish a clear title. Clouds on title, or uncertainties as to who holds interest in the property, such as claims or encumbrances, can make it difficult to sell or transfer the property. Quiet title lawsuits enable courts to set down on paper the rightful owner’s property rights, and clear up competing claims on the property.
This article will take readers through the basics of common reasons people file quiet title lawsuits, and a general timeline for how filing of that lawsuit works. To receive specific advice tailored to your own circumstances, do not hesitate to contact an experienced real estate litigation attorney at Suncoast Civil Law.
Filing Quiet Title Suits
Common reasons for filing a quiet title action in Florida include:
- Estate sales: A quiet title suit may be necessary to resolve ownership issues after a property owner passes away: particularly when there are questions surrounding heir notification.
- Title gaps: Some might pursue a quiet title suit in order to address issues that arose as the property lay vacant for a period of time.
- Boundary disputes: Quiet title suits can resolve conflicts over property lines.
- Adverse possession: Quiet title suits can also be utilized to establish rightful ownership, when an individual has been occupying someone else’s property without legal title.
- Lien removal: Quiet title suits can clear up issues and questions of mortgages, liens, or other claims against a property.
- Tax deed sales: A quiet title suit can result in conversion of a tax deed into a marketable title.
- Foreclosure aftermath: A quiet title lawsuit can address title issues that can arise from foreclosure cases.
Quiet Title Suit Timeline
These suits generally follow the following timeline:
- Filing the lawsuit:
The party seeking to quiet title files a lawsuit in the appropriate court – an experienced real estate litigation attorney can ensure you understand which is the appropriate court.
- Serving notice:
All parties who may have a claim to the property must be appropriately notified of the quiet title lawsuit.
- Evidence and arguments:
The court will review the proffered evidence and hear arguments from the parties.
- Judgment:
If the court rules in the Plaintiff’s favor, the judge will issue an order that establishes clear title on the property.
- Recording the judgment:
The public records are updated to reflect the final judgment.
Key Points:
- A quiet title law suit can be yielded as a powerful tool, enabling plaintiffs to resolve various different, complex legal property ownership issues.
- The process can become complex. It is often necessary to hire an experienced attorney to ensure that you navigate all of the steps in the process effectively.
- No two cases are identical: the specifics of your case will inform how your case should be handled.
Florida Real Estate Litigation Attorney: Contact Suncoast Civil Law
Contact Suncoast Civil Law
For official guidance and advice concerning quiet title suits and your own potential case, contact a Sarasota quiet title and real estate litigation attorney at Suncoast Civil Law.
Sources:
thetimes-tribune.com/2025/02/24/judge-rules-against-bob-bolus-in-land-dispute-in-scrantons-east-mountain-neighborhood/
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0726/0726.html