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What is a quiet title action and do you need one?

On Behalf of | Sep 1, 2021 | Real Estate Litigation |

In many cases in Florida, questions arise as to who owns a certain property and what can be done to resolve this problem. A quiet title action lawsuit is designed to assign ownership to the right party and close the case permanently. There are several reasons why you may want to file this lawsuit.

When there is a disagreement on the title

Real estate litigation allows people to pursue different types of legal actions. A quiet title action is performed when the title to a property is questioned. This lawsuit is similar to a settlement that is meant to “quiet down” a dispute.

When the ownership is unclear

One purpose of a quiet title action is to verify the ownership of a property. The lawsuit is often filed to prevent outsiders from claiming the property until the dispute is resolved. The homeowner may have fallen behind on payments and is struggling to retain the property from the mortgage lender. A home buyer may have purchased the home from a seller who has lost or stolen the title. In other cases, the property may have no clear previous owner and may have remained unoccupied for a long period of time.

A plaintiff who wins a quiet title case becomes the new owner of the property, and the title is placed in its name. No additional claims of ownership can be made by any other entity.

What happens next?

A quiet title action is necessary when there are questions about the true ownership of a property. The process is meant to be a straightforward solution to a problem that may have existed for years or decades. First, it’s important to know if you qualify to obtain a quiet title action lawsuit and know the next steps to take.