What is a quiet title action? It conclusively establishes ownership of real property. When a person files a quiet title action, they ask the court to issue an order that prevents any other party named in the action from making a subsequent claim to ownership or other interest in the subject property.
People typically file quiet title actions to resolve any encumbrances or irregularities (also known as “clouds”) on their property’s title so they can establish themself as the property owner and sell or convey the property to another party. When the court rules in favor of the plaintiff in a quiet title action, the plaintiff can file the court’s judgment in the county registry of deeds to establish their title to the property.
Do you need to resolve a cloud on your property’s title or establish ownership? In this article, we at Loan Lawyers explain how Florida’s quiet title action process works.
Conducting a Title Search
The quiet title process begins with a title search to identify any parties with a colorable claim to ownership of the subject property. The party seeking to quiet a title should serve notice of the quiet title action on all the parties who may have an ownership claim. Otherwise, those parties may argue that they did not have the opportunity to respond to the quiet title suit and defend their claim to the property.
Filing the Florida Quiet Title Action
Once the plaintiff has identified parties with a potential interest in the subject property, they must draft and file the quiet title action. The complaint in a quiet title action should identify the subject property at issue and allege facts demonstrating that the party filing the action has superior title over any other parties with a potential ownership claim.
The plaintiff filing the action should serve notice of the action on all parties with an interest in the property. If all interested parties who received notice of the action fail to respond, issue further challenges, or appear in court, the court will enter default in favor of the plaintiff. Alternatively, the court may schedule hearings to resolve objections to the plaintiff’s claim to quiet title.
Attending the Final Reading
The court should schedule a final reading when the plaintiff files a motion to do so. At the final reading, the judge will review the proposed final judgment. If the judge finds the proposed judgment satisfactory, they will sign it and declare title to the subject property free and clear of all encumbrances or interests held by any party to the quiet title action.
How Much Does a Quiet Title Action Cost?
A party pursuing a quiet title lawsuit can expect to incur various expenses, including filing fees charged by the court. A plaintiff can also give themselves the best chance of success in their quiet title action by hiring an experienced attorney. Legal fees incurred in a quiet title action may depend on the case’s complexity and whether any parties object to the quiet title action. Regardless, the peace of mind that comes from having an unclouded property title is typically worth the expense of pursuing a quiet title action.
Contact Our Fort Lauderdale Foreclosure Defense Lawyer for Help
When you need to resolve a title dispute to your property, get the legal help you need to protect your rights and interests. Contact Loan Lawyers today for a free consultation with our experienced Florida foreclosure defense lawyer to learn how to be successful in a quiet title action and other forms of property disputes.
