What is a Quiet Title Action in Florida?
Quiet title actions in Florida are formal court procedures that determine whether there are any valid open claims to a title on a real estate property. Anyone who purchases a home or commercial property wants to ensure they own the property completely, i.e. in fee simple. Title to your property allows you to use the premises in the manner you choose, including selling or transferring it. Below, our New Port Richey real estate lawyer explains further about quiet title action.
How Do Quiet Title Actions Work in Florida?
Under Chapter 65 of the Florida Statutes, the chancery courts in the state have the authority to decide on quiet title actions. Essentially, the judge who hears the case will determine who the true owners of the real property are. Real property includes any building on the premises and the land itself.
When filing a quiet title action, the plaintiff files the action and asks that any claims against the property are terminated. This will allow them to use the property without any interference. Quiet title actions are usually filed for the following reasons:
- Owners file quiet title actions so they can sell the property from illegitimate clouds on title by mortgage companies, creditors, prior owners, or instruments recorded against the property.
- Owners may file quiet title actions when a person claims title through boundary disputes, adverse ownership, or other reasons also file quiet title actions.
- Following the issuance of a tax deed, the new owner should commence a quiet title action to remove the clouds on title that remain prior to the tax deeds issuance.
- A quiet title action may be filed so title companies can write title insurance for the property. Title insurance can pay for claims against the provider, as long as the title company will cover those claims.
There are no financial awards associated with quiet title actions. Their only purpose is to clarify who owns the property.
Basic Requirements for Quiet Title Actions in Florida
There are some basic requirements for filing a quiet title action in Florida. Complaints must include:
- A formal legal description of the premises,
- The address of the property,
- The tax ID and the parcel number of the property,
- A statement indicating that the plaintiff owns the property,
- A description of how the plaintiff became owner of the property, such as purchasing it from a prior owner, and
- The claims that are against the title.
Call Our Real Estate Lawyer for Help Today
At Messina Law Group, P.A., our real estate lawyers represent property owners in quiet title actions. We can advise on all stages of aany issue regarding real estate from the sale or purchase, including the inspection, financing, sales agreement, to title insurance, litigation, and other legal claims. We also have offices in New Port Richey OR Tampa, Wesley Chapel, and Dunedin. Call us today at (813) 492-7798 or contact us online to schedule a consultation with our knowledgeable attorney and to learn more about how we can help.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0065/0065.html
