Quiet Title

Quiet Title

Quiet Title

What is a "quiet title" action?

A quiet title action is a legal action that is brought in a circuit court to obtain a final determination as to the title (ownership) of a specific piece of property. It is usually brought as a result of various individuals asserting, or possibly having a right to assert, contradictory or adverse claims to the same property. In such a situation, a quiet title action will allow the court to address any and all claims that could be asserted by interested parties, and render a final judgment as to ownership as to the property in question.

How long does a quiet title action take?

A quiet title action can usually take from three (3) to six (6) months depending upon on the number of individuals who may have potential claims against the subject property that will need to be extinguished, and their whereabouts, and depending upon whether any or all of those individuals actually appear before the court in the proceedings to assert those potential claims.

If you handle my quiet title action, do I have to appear before the court?

Except as may be required in contested proceedings, as an attorney, we can represent your interests in quiet title court proceedings without the necessity of your appearance.

What is the approximate cost of a quiet title action?

As a service to a prospective client, we offer a a free initial review of your quiet title case, to assess the complexity involved and appropriate fee to charge. As a general rule, our attorney fee can vary from ________ to $______ per quiet title action, depending upon the complexity of the case, plus court, publication and guardian ad litem costs of approximately $______ depending upon the number of parties that must be served and located. The attorney fee and and a $______ cost deposit are due upon retainer.

If I acquired a property at a county tax deed sale, may I sell the property or obtain title insurance/financing without a quiet title action?

If financing is involved or title insurance is required for the property acquired at a tax deed sale, it is rare for any title insurance company or financing company to lend money or issue title insurance on the basis of an "un quieted" tax deed title, given potential claims that might arise out of any defects in the tax deed sale process. Thus, a mortgage company and title insurance company in most cases will require a "Quiet Title" action if the property was acquired by a tax deed. The necessity of a "Quiet Title" action is extremely important when title insurance is required for financing.

How do I obtain information about tax deed and foreclosure sales in Florida?

The Clerk of Court in each County usually has an individual or department that handles and coordinates tax deed and foreclosure sales. The sale is advertised in the local newspaper and many counties such as Duval, Marion and Alachua have their upcoming tax deed sales and foreclosure properties listed on their applicable County government web page. To learn more about tax deed and foreclosure property listings in your county of interest, contact the Clerk of Court's office in that county, and they will be happy to let you know how their listings are maintained, and how you can get access to them.