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Using a quiet title action clears doubt about property ownership

On Behalf of | Jun 10, 2022 | Real Estate Litigation |

If you purchase real estate in Florida and ownership is in question, you may want to file a quiet title action to determine the legal property ownership.

When to file a quiet title action

If there is ambiguity or doubt about the ownership of a property, a title company won’t issue a title insurance policy, making it impossible to obtain a mortgage loan. In this situation, you can file a quiet title action to clear up all claims on a property title. Filing a quiet title action may be suitable in the following scenarios:

  • If forgery or deed fraud exists in the property’s convey history
  • For survey inaccuracies or boundary disputes
  • If a quitclaim deed was used to convey the property interest
  • After a tax debt or mortgage has presumably been paid off but you can’t find any records

Steps to take for a quiet title action

The quiet title process involves five main steps. First, research should be conducted to identify the title defect, which includes identifying everyone who can claim an interest in the property. The second step involves drafting a quiet title position in conformance with applicable state law. In the third step, filing and serving the quiet title is done for all named defendants. The fourth step involves getting a judgment against each of the defendants. The fifth step ends the process by recording your judgment and presenting it to the title company. Knowing the steps involved in this process may help you avoid real estate litigation.

Limitations and risks of a quiet title action

In some jurisdictions, a quiet title action is only available for clearing up a specific title defect. It does not necessarily clear multiple clouds on the title.

Understanding how a quiet title action works can leave you more informed and know when it’s appropriate to use one.