Responding to a Quiet Title Action


The real estate industry in Florida has continued to grow over the years. As such, the issue of state’s land titles has become problematic among the people of Florida and outsides looking to buy property in Florida.

Initially, the major problem that plagued the real estate industry in Florida was foreclosures. But the courts have so far made the foreclosure process more expedient.

What is a quiet title action?

A quiet title action is a lawsuit that’s normally filed under chapter 65 of the Florida statutes in a court of law to determine the ownership of real estate property. The time taken in foreclosure processes has significantly reduced opening up land buying opportunities across the state.

The lawsuit is usually filed by the property owner with the help of a Florida quiet title attorney. The purpose of the lawsuit is to ask the court to issues an order preventing any persons named in the property from making any claims on the property.

Quiet title actions are important because to sell property, the owner must be able to do so without any hindrances.

According to Florida statute 65.021(2), the court is supposed to issues a judgment if the quiet title action is successful. The best way to speed up this process is to work closely with Coral Springs Hoa attorney.

The signed judgment issued by the court is meant to remove any limitations or hindrances on the title and give the property owner freedom to sell it. After the judgment, the property can also be insured or used as security in obtaining bank loans. A south Florida Hoa attorney can help you interpret the judgment.

A quiet title lawsuit is sometimes referred to as a legal action to get rid of any cloud on the title. A cloud means any current or future claim to property ownership. If there is no response to a quiet title action, then the property owner can do anything with his or her property and no one has a right to over the same land or property.

A property title in Florida can be termed as clouded if the property owner (plaintiff) is required to defend the ownership of the property in question against someone else who may lay claim to the property in the future. It requires an experienced Coral Springs association law attorney to successfully defend your ownership.

Your title will not be 100 percent cleared by a Florida quiet title suit unless:

  • The lawsuit has been filed, served, and ruled by the court
  • Any superior liens have been satisfied
  • A written judgment has been issued by the court
  • A title insurance officer has assured that there are no potential claimants to the property

If you are living in a condominium, it is up to you and your Florida condo attorney to ensure that all the relevant parties have been served with the suit. This will help to avoid going back and forth and allow you to sell your property any time you want.

You should also consult with a Florida condominium Association law firm to ensure that everything is in order.

Filing and responding to a quiet title action

There are basically three steps of filing a quiet title action:

  • Title search: This is the first step you need to undertake when responding to a quiet title action. You will be required to provide a tax deed given to you by the County where the property is located. The document has all the necessary information to carry out the title search.
  • Filing the quiet title action: After the search, the next step is to promptly file the quiet title action through your south Florida condominium attorney. Your lawyer should ensure that every interested party is served with the necessary court papers as soon as possible. Interested parties normally have at least 20 days to respond after being served with a quiet title action. Failure to respond within the allowed time will force the court to enter into default and allow you to proceed with the case.
  • The final hearing: after filing the motion, your lawyers from Bakalar & Associates will designate a date and time for the final hearing with the judges. Under normal circumstances, the final hearing should take place at least 30 days after filing the motion.