A quiet title action is a legal proceeding that is used to determine who has the best claim to a parcel of real property when there are issues that cloud the title. There are several reasons why a title may be clouded:
- The property was purchased from a tax deed sale
- Property liens
- Claims of prior owners
- Leasehold interests
- Adverse possession
- Prescriptive easements
- Wild deeds in the chain of title
If these or other issues are not resolved, the property title is clouded. This situation makes it difficult for someone to obtain a mortgage or insurance, or sell, gift or otherwise dispose of the property. A quiet title action removes the cloud and establishes who has valid ownership of the property.
Under Florida law, a lawsuit must be filed in circuit court and anyone who may have a claim against the property must be identified in the court filings. During the court proceedings, a judge will consider the facts of the case to determine who has the superior claim to the property. This person should obtain a judgment quieting title at the conclusion of the case.
The Time Frame
Generally, the minimum amount of time required to resolve a quiet claim case in Florida is about 40 days, but this time frame can be much longer depending on specific factors such as:
- How many parties are involved;
- How difficult or easy it is to identify and locate all relevant parties; and
- The defenses the parties raise.
A successful quiet title action removes most adverse legal claims and interest on the property in question. The person with the superior claim should receive a signed judgement from the court that renders the title as quieted and free from other claims, encumbrances or liens. A quiet title action does not remove Federal tax liens and mortgage liens on the property.
Consult the Quiet Title Attorneys at Lieser Skaff Alexander
Quiet title actions can resolve many title defects, making the property marketable and free and clear of most liens and encumbrances. Our experienced attorneys have used the quiet title remedy to clear title and establish property ownership. If you determine that title to your property is clouded or that there is another title defect, we can help you take the best action to protect your rights.