Quiet Title Action in Florida

Florida Attorneys

Serving You and The State of Florida

Many people are not aware of a Quiet Title Action or that it is related to Florida Statutes Chapter 65. This action will allow you to establish ownership of a real property, and it can be critical in certain circumstances to use this option for your benefit. The ability to secure the property free and clear is essential for anyone wanting to have actual ownership of a location. There are various reasons that others might believe they have a claim to a property, and this can impede your ability to manage or sell the property in question.

If you have been trying to resolve a title dispute regarding a property in Florida, you might need to ask your attorney about Quiet Title Action. This can be your best resource for this kind of issue, and it might be the only way to have an asserted cloud on a title removed.

If you are ready to learn some more about the Quiet Title process, you need to keep reading.

What is a Quiet Title Action?

This is a lawsuit that is filed under Chapter 65 of the Florida Statutes. This is filed in the circuit court and establishes the ownership of a real property (land and buildings attached to land). The plaintiff is generally the owner of the property who is seeking to have an order in place that prevents any named respondent from making a claim to the property.

This can be necessary to sell the property free and clear of encumbrances that might be caused by a conflict with others who want to seek possession of the property. These kinds of additional claims might be related to conflict over the disposal of property after someone has passed away or conflict related to a divorce or other kind of separation.

If the order is successful, the court will issue a formal judgment in the county where the property is located that will remove the asserted cloud on the title and “quiet” the property title. This makes the property insurable and marketable free, and clear of title complications.

What is a Cloud on Title?

A cloud on title is any claim of potential ownership for the property in question. This might be a claim for full ownership of the property to replace partial ownership, issues with unsatisfied mortgages, or judgements and liens that have complicated the ownership of the property. Defending your ownership in court might be the only way to secure the title free and clear of encumbrance, which is often well worth it from the standpoint of future use of the property as well as the sale of the location.

Property owners can bring quiet title action into the picture whether or not the respondent is asserting a bonafide right to gain possession of the property in question. There is no monetary award related to this process, and there are no damages paid out upon closure of the case. This is simply a legal process to secure ownership of the property. Do be aware that Federal Tax Liens are not removed by quiet title actions.

What is Necessary for a Quiet Title to Clear the Title to a Property?

The quiet title lawsuit will have to have been properly filed with the court, and it will need to be served and ruled on by the court in question. Thorough research must be done into all claims that can be brought against the property before the quiet title action is filed.

All liens will need to be satisfied in writing. A written judgment will need to be signed by the court and recorded in the public records of the county where the contested property is located. A title insurance underwriter will also need to check that all potential claimants to the property have been sought out and accounted for in the lawsuit process. Potential claims must be removed or satisfied.

The complexity of the research that goes into this kind of court action makes it clear that you need skilled support for your efforts in this area of the law. There are many pieces of information that must be carefully collected before your case can be heard and successfully closed to satisfy your request. If you try to tackle this kind of work on your own, you will almost always miss essential steps, which can lead to the failure of your request.

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Working With a Skilled Lawyer Matters

When you need help with a Quiet Title Action, you need to work with the best lawyer to secure a positive result in your case. Dealing with contested possession of any property can be stressful, and it can limit what you can do with the property until this confusion is resolved. Quieting the title of any property in Florida can be a complex process that is likely too difficult for you as the property owner to undertake alone. Working with a skilled legal professional can make all the difference in the results of your case and is almost always worth the money.

Work With The Lopez Law Firm For Your Quiet Title Action

If you want to have access to the best team of lawyers to work on your Quiet Title Action case, you need to work with The Lopez Law Firm. We know the ins and outs of these kinds of cases, and we can prepare a flawless case for you. Saving you time and money as well as limiting the stress and worries that can go with these kinds of cases is a matter of pride to us. We work hard to make sure that our clients get the right case outcomes to help them to get free and clear ownership of the property that they have a claim to.

Reach out to us today for your free consultation so that we can get started working on your Quiet Title Action case right away. The sooner we can start looking into the case, the sooner you can get a free and clear title of your property.

 

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