Quiet Title Actions

Quiet Title Actions Attorney

Quiet Title Actions are governed by Florida Statute 65.021. A Quiet Title Action is a lawsuit brought in Circuit Court to remove, or “quiet” any and all “clouds”, claims or challenges on your title to certain real property. It is important to have an experienced Quiet Title Action Attorney file your Quiet Title lawsuit. If you do not file your Quiet Title Action correctly, you may not clear up all of the claims and certain liens may survive the action. This would not give you the good, clear title that you need to sell the property or obtain title insurance.

An experienced Quiet Title Action Attorney will make sure that thorough research has been done on the property and that all potential claimants have been identified and dealt with. When an attorney has successfully quieted title, there will be no more liens, claims or other issues affecting your title to the property.

Two common instances in which a person would want to Quiet Title are after purchasing a property through a Tax Deed Sale or an HOA/COA Deed sale.

What is a Tax Deed Sale?

When a property owner fails to pay their ad valorem property taxes the tax collector will sell a lien on the property for the amount of taxes owed and any other relevant costs. The person who has purchased this lien will become the owner of a Tax Certificate. If the property owner does not pay the delinquent taxes, the owner of the Tax Certificate may apply to the Tax Collector for a tax deed sale after two years have passed. The property is then sold at an auction and the highest bidder becomes the owner and holder of what is called a Tax Deed.

A tax deed does not come with any warranties, so when a purchaser receives a tax deed they are not guaranteed good and clear title. In order to obtain good and marketable title on their newly purchased property, tax deed purchasers will want to file a quiet title action. Filing a quiet title action will allow the tax deed purchaser to be able to insure their title.

What is an HOA/COA Deed Sale?

Some property owners have to pay Homeowner’s Association (HOA) or Condominium Owner’s Association (COA) fees. If the property owner fails to pay their HOA/COA fees the HOA/COA can place a lien on the property. Florida Statute 720.3085(1)(c) says that the HOA may foreclose on a lien in the same manner in which a mortgage of real property is foreclosed on. If your purchase an HOA/COA deed at an HOA/COA deed sale, you are not guaranteed any warranties and there are likely instruments that could cloud title to your newly purchased property. In order to obtain good and marketable title you will want to file a quiet title action.

Contact Our Central Florida Quiet Title Action Attorney

Do you need to file a Quiet Title lawsuit? If so, we strongly suggest that you contact our experienced Quiet Title Action Attorney, who will provide legal representation and protect your interests. Contact us at 407-500-0000 7 days a week. You may also fill out the online form provided on this page or send us an email at attorney@nejamelaw.com.