Most people never hear of a Quiet Title action until they’re in the midst of one. Because we believe that an ounce of prevention is worth a pound of effort, the following is an overview of Quiet Title actions in the State of Florida.
What is a Quiet Title Action?
A Quiet Title action is a civil lawsuit brought in the circuit court to “quiet” any and all claims on a piece of real estate. Essentially, Quiet Title actions are intended to establish an individual’s right to ownership of real property against one or more adverse claimants. In other words, Quiet Title establishes who the true owner of a property is and resolves all issues, or “clouds” from the title. These cases are filed in Circuit Civil court.
When are Quiet Title Actions Filed?
Quiet Title actions are commonly utilized when there is some question as to the either the encumbrance or provenance of a real estate title – a fancy way of saying prior claims against a title such as liens or question as to the chain of ownership of a title. Quiet Title actions are common following tax deed purchases of real estate, where there may exist any number of encumbrances against a title. They are also common when purchasing from an estate after the death of an owner.