Quiet Title Actions In Florida: What They Are And When You Need One

In this article, you will learn the following:

• What a quiet title action is and how it differs from other legal property disputes.
• The evidence you need to support a quiet title action.
• How a quiet title action can impact the sale or refinancing of a property.

What Is A Quiet Title Action, And How Does It Differ From Other Legal Property Disputes In Florida?

A quiet title action usually arises when you purchase a property through a tax deed sale. These are sales where properties with delinquent taxes are auctioned off. However, to have an insurable title, you must claim the title from the previous owner.

A quiet title action is essentially a lawsuit stating that the property is yours now and that your rights to the property are higher than the previous owner’s. A judge will generally review the suit, agree that your rights to ownership are higher, and the title is then “quieted.”

Often, these issues arise because a previous owner has passed away, and property taxes are left unpaid. When this happens, we appoint an ‘ad litem’ for the deceased’s estate. Another lawyer is involved to protect the deceased’s rights, and a judge is asked to clear the title.

It’s usually not complicated, but the process can take a few months.

When Should I Consider Filing A Quiet Title Action In Escambia County?

Wherever you buy a property from a tax deed sale, you will need to file a quiet title action. After you have possessed the property undisturbed for four years, the rights of the previous owner will expire automatically.

In other cases, if a quiet title action is required, you will know from the title report. If it’s required, our law firm will let you know, and we’ll help you through the lawsuit process that follows.

What Evidence Is Needed To Support A Quiet Title Action?

If you’re obligated to file a quiet title action, you need to know the evidence to make the process as easy and smooth as possible. Some of the evidence you will need includes:

• A Deed of Ownership
  The deed of ownership shows that you purchased the property in an arm’s length transaction from someone with the right to sell it.
• Newspaper Publication
  You will need a newspaper publication if the previous owner of the property is unknown. The newspaper publication announces that any parties with an interest in the property should let you know, as they are being sued for ownership.
• Tax Deed
  My law firm can pull the tax deed from public records. All we’ll need from you is the property’s address.

Simply provide us with the property’s address, and Dubyak Law Firm will conduct a title search, address any issues that need to be seen to, and pull all needed documents for you.

Attorney Jeremy Dubyak is a seasoned lawyer based in Florida who has helped countless clients just like you navigate the intricacies of Real Estate law. With over 12 years of experience, he is prepared to assist you with title insurance issues and help you get clear titles that make the sale and purchase of real estate straightforward.

Still have questions? Ready to get started? Contact Dubyak Law Firm today to schedule an initial consultation.

How Does A Quiet Title Action Impact The Sale Or Refinancing Of A Property?

Without a quiet title, you can’t have an insurable title. While you can sell without title insurance, the buyer will be operating at a higher risk as they can’t prove that you have the right to sell the property. Title insurance provides the buyer with peace of mind; without quieting the title, selling the property at a later date becomes more challenging.

What Role Does A Title Company Play In The Quiet Title Process?

While a standalone title company can tell you when a quiet title action is needed, they will not be able to file a quiet title action for you. A combined real estate law firm and title company, like Dubyak Law Firm, can do both. We’ll let you know if a quiet title action is needed and then handle the process for you. You’ll pay for this work at closing, not upfront.

What Should I Do If I Fear Losing My Property During A Contested Quiet Title Action?

Losing a property because of a contested quiet title action is extremely rare. Most of the time, these cases are simple and uncontested.

However, extraordinary cases could exist. For example, if a house is sold by a husband without his wife’s consent, you could potentially lose that action as a buyer, as you bought the husband’s interest but not the wife’s. In other cases, a previous owner might win the action if they could prove that the supposedly unpaid taxes had, in fact, been paid.

Generally, losing a property because of a contested quiet title action is quite rare, making a tax deed sale a good way to obtain a title. The action will request the title to be cleared to meet underwriting standards for a lender to loan on it, allowing you to move forward with uncontested ownership.

Still Have Questions? Ready To Get Started?

For more information on Quiet Title Actions In Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (850) 266-7822 today.