The threat of foreclosure can question your rights to your property. When there are doubts about your property ownership, you could resolve the dispute through a quiet title action. Quiet title actions can offer you an essential tool in defending against foreclosure. If you are considering filing a quiet title action, turn to Loan Lawyers for skilled legal guidance.
At our foreclosure defense, debt defense, and bankruptcy law firm, we focus on finding the most effective solutions for our clients dealing with crushing debt or other financial difficulties. When you work with our firm, we will never pressure you into filing for bankruptcy or pursuing further legal action if it is not in your best interest. We work hard to offer you personalized, cost-effective resolutions for your situation.
If a quiet title action may help you protect your home against foreclosure proceedings, get an experienced quiet title attorney who will advocate for you. Reach out to Loan Lawyers today for a free initial case evaluation to learn more about quiet title actions in Florida and how they can help you in a foreclosure.
What Is a Quiet Title Action?
A quiet title action is a lawsuit to determine ownership of property, often when there is disagreement on who owns it. A property owner may also file a quiet title action to remove any issues on the title that make it difficult to sell or transfer the property to another party.
The court’s judgment in a quiet title action resolves all disputes over ownership and property interests. The party or parties who win in a quiet title action receive free and clear title to the property.
Why Would a Homeowner File a Quiet Title Action?
Some of the reasons why a homeowner might file a quiet title action include the following:
- Resolving issues with mortgage lenders
- Evaluating competing claims to determine the true property owner
- Overturning a fraudulent property transfer
- Removing liens and other limitations on the property
- Settling boundary disputes with neighbors
- Correcting surveying errors
- Defeating claims of adverse possession
- Clearing up claims on the property after the death of an owner
Can a Quiet Title Action Stop a Foreclosure Process?
A homeowner might file a quiet title action to stop or defend against foreclosure of their property. For example, a homeowner may pursue a quiet title action to stop foreclosure when the homeowner reasonably believes that a mortgage is not on their property or the party that has filed for foreclosure does not own the note and mortgage. A quiet title action might defeat the mortgagor’s claim to the property.
A quiet title action may also be filed to resolve disputes over the effectiveness of a prior foreclosure proceeding if it was not clear that the mortgage holder completed the foreclosure process. In many cases, quiet title actions are filed by homeowners after a foreclosure action against them is dismissed with prejudice so that the homeowner can fully eliminate any claim the foreclosing party may have on the property.
How Long Does a Quiet Title Action Take?
A quiet title action can take anywhere from several weeks to months to resolve fully. The amount of time it takes will depend on factors such as the following:
- How many parties are claiming an interest in the property
- The amount and complexity of evidence involved in the case
- The court’s scheduling and availability
How Does a Quiet Title Action Get Solved?
The quiet title action process begins when you file a complaint in the state circuit court where the property is located. In the complaint, you will need to describe the property, the method you acquired your title by, and any claims against the property. The complaint will then need to be served on the parties who are disputing your title or have a claim against your free and clear title.
Once all interested parties are notified of the quiet title action, the court will hold a hearing to hear evidence from all the parties who appear before the court. The court will review the evidence to determine who has the legal right to title or other interest in the property. The court will issue a judgment identifying each party with an interest in the property and their rights. The judgment is then recorded with the county recorder.
Should I Hire an Attorney to File a Quiet Title Action? How Can a Lawyer Help?
To give yourself the best chance at success in a quiet title action, you should hire an experienced attorney to represent and advocate for you in court. A lawyer can help you with a quiet title action by:
- Thoroughly investigating your case, including conducting title searches and reviewing mortgage documents or other contracts to determine your legal rights to the property
- Going over your legal options for filing a quiet title action, including how it may help you resolve foreclosure or other disputes
- Preparing and filing your court complaint
- Ensuring that all interested parties are served with notice of the quiet title action
- Arguing on your behalf during court hearings to fight for a verdict that provides you with a free and clear title
- Handling other notices and paperwork that may be needed to clear your title to your property fully
Contact the Quiet Title Attorneys at Loan Lawyers to Defend Your Property from Foreclosure
When you are facing foreclosure, turn to our foreclosure defense, debt defense lawyer, and bankruptcy lawyer to advocate for your interests. Contact Loan Lawyers today for a free, confidential consultation to speak with our quiet title attorneys about getting the legal counsel you need to protect your property.
