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Why Florida property owners often file quiet title actions in court

On Behalf of | Mar 26, 2024 | Residential Real Estate |

Florida real estate can be an incredibly valuable asset. A piece of developed real estate can offer opportunities for enjoyment if someone lives in or visits the property. It can also be financially valuable, as the property can provide living or vacation space, a stream of income or property value appreciation over time. People want to protect their interest in the property, which means ensuring that title records are accurate.

Title records establish someone’s ownership interest and create a chain of ownership for the property. They also allow outside parties, such as mortgage lenders, to maintain an interest in the property. Typically, county recorder offices maintain records of ownership interests, liens and even easements. Occasionally, those who own real property benefit from going to civil court for quiet title proceedings due to issues with those official records.

What are quiet title proceedings?

As some people may infer from the name, quiet title proceedings are legal actions intended to resolve title issues. Perhaps there is an old easement on the property, but new neighbors have demolished the building that required access through an adjacent property.

Maybe there is an old lien on record that the owner has paid in full. Perhaps ownership changed hands, but a prior owner still shows up when performing a title search. Some of these issues are easy to resolve by executing a voluntary deed. However, it may be impossible to locate the other party, or they may refuse to fill out paperwork voluntarily.

Quiet title proceedings involve having a judge review the history of a property and its title records. If the judge agrees that certain blemishes do not belong on the record anymore, they can order the removal of inaccurate information.

Quiet title proceedings are valuable for those preparing to refinance a mortgage or to list a property for sale. Anytime owners know that there are title issues that could complicate a transaction, going to court might be the most efficient solution. Pursuing quiet title actions can eliminate title issues that could delay or cancel important real estate transactions. As such, real property owners familiar with Florida’s real estate statutes may have an easier time protecting their investments and completing major transactions.

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