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What is a quiet title action, and why do I need one?

On Behalf of | Jun 25, 2021 | Residential Real Estate |

The title for your home or investment real estate property is official proof that you are the owner. Vital records managed by county recorders’ offices around Florida help protect property owners and financial institutions against fraud.  

Accurate, centralized title records also facilitate quicker and easier real estate transactions. Unfortunately, the official records regarding the title of your property may not be accurate.  

Sometimes, someone fraudulently records something they shouldn’t or fails to remove something that is no longer accurate, like a mechanic’s lien that the owner paid in full. Those trying to resolve issues with their real property may benefit from filing a quiet title action. 

What is a quiet title action?  

When you notice some kind of issue with the title record for your property, you will need to have the state records updated to reflect the current status of the property. In a quiet title action, you request a hearing in front of a judge.  

This hearing gives you an opportunity to present them with information about the issue with the title. You can show that there’s an issue with the deed someone uses to claim the property or that you’ve already paid a lien in full. The judge will review all of the documentation provided by you and any other interested party. They will then either rule in your favor and remove the issues from the title, thereby quieting it, or deny your request. 

When does a quiet title action help you?  

Many people need to pursue quiet title actions when they want to sell a property. Others may need to make changes to a property they intend to buy or have just purchased.  

Removing a lien you already paid will pave the way for a faster closing during a real estate sale. You may also need to remove liens when you try to refinance the property or remove someone from the title with a deed after a divorce or a death. A quiet title action won’t just help with liens. It can remove fraudulent ownership claims and even easements against the property.   

Understanding the purpose of quiet title action can help you take the right steps to protect your real estate in Florida. 

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