Quiet Title Actions for Florida Homebuyers
Protect Your Dream Home from Title Defects! Buying a Home with Title Problems? We Can Help Clear Your Path to Ownership
Florida quiet title attorney helping families secure clean, marketable title
Is Your Home Purchase at Risk? Have you found your dream home only to discover title issues?
It’s every buyer’s worst nightmare - not financing, not a condition of the home, but something in the public records or the previous owner’s transaction that impacts the ability to get title insurance or “clean title” to the property. If you are in Florida, we have laws that can help you - namely, a quite title action.
Common problems that may come up in your transaction that we have solved:
Previous owner disputes or missing heirs
Unreleased mortgages or liens
Breaks in the chain of title
Boundary disputes with neighbors
Fraudulent deeds or forgeries (“wild deeds”)
Estate/probate complications
Errors in public records
What Is a Quiet Title Action?
A quiet title action in Florida is a lawsuit that clears competing claims to your real estate. In a situation where there is an unpaid mortgage - but your closing pays off that mortgage - it can be getting a ruling from a judge making it clear that the mortgage no longer impacts your Florida property. This is important because other lenders and companies looking at your rights with respect to your home will have to rely on this judgment as it is an order from a Court.
This judgment makes it clear that you are the record owner of the property and the other interest does not impair your rights. If you do not have this clear understanding as to you being the rightful owner, you may be faced with not being able to get a mortgage on your property, not being able to insure your property ownership (title insurance), and you’ll have those concerns hanging over your head.
Florida law governs these lawsuits - specifically, Florida Statute § 65.011. This statute is very technical and not knowing how to navigate it can really make getting to a final day in court difficult. Interested in learning more? Schedule a consultation today!
When You Need a Florida Quiet Title Action
Generally, the most common issues we find clients needing a quiet title action are where they are buying a home and cannot get title insurance, the lender will not give final funding approval for a loan due to a title issue, a lender won’t approve a refinance for a home due to a title issue, property was inherited, purchased through a foreclosure auction or a tax deed, or when they are dealing with a property dispute with a third party or neighbor.
All of these can be very frustrating, as the existence of the title issue is generally found out at the worst possible time. In fact, property fraud claims which require correction through a quiet title lawsuit in Florida are on the rise, with some county clerks giving consumers way to monitor the title to their property for fraudulent transfers. While it may be good to know what is going on, dealing with a title issue without a quiet title attorney can be a nightmare.
Dunivan Law Quiet Title Processs – Clear and Simple
1. Consultation – We review your title issue and see what your options are.
2. Post Retention Title Search & Analysis – We identify all parties and defects
3. Filing the Quiet Title Lawsuit – We prepare and file in Florida circuit court
4. Notice to All Parties – We ensure proper service
5. Resolution – Court judgment declaring you the rightful owner or a settlement with the offending parties
6. Recording of the final judgment– Clean title recorded with the county
7. Negotiation with the title company - Once this process is complete, we confirm with the title company that there is clean title.
⠀Timeline: Typically 8 - 12 months depending on complexity
Why Choose Dunivan Law, PA FOR A QUIET TITLE?
10+ years experience with Florida real estate law
Successfully resolved dozens of quiet title cases
We fight to protect your investment
Flat-fee pricing available
Personalized attention – you're not just a case number
Licensed Florida Bar attorney
Frequently Asked Questions
How much does a quiet title action cost?
Depending on the complexity - and how much of a defense the other side puts up against you, fees can range from the few thousands of dollars to the five figures. Tax Deed and Foreclosure quiet titles tend to be simpler then decades old title issues.
How long does it take?
Under Florida law, most civil cases must be concluded within 18 months. In the event of of complex issues, it can be longer.
What if someone contests my claim?
If someone contests your claim, it will be up to a judge as to who will prevail. Delays on your part can get used against you.
Can I buy the property while the action is pending?
It depends largly on the nature of the title issues. Some transactions may allow you to close subject to resolving the title issue.