Florida Quiet Title Actions
What is a Quiet Title Action?
A quiet title action is a civil action, meaning it is a lawsuit filed in a Florida Circuit Court. The typical quiet title action is brought under Section 65.061, Florida Statutes. In this action, the Plaintiff (i.e., the party initiating the lawsuit; typically, the property owners) files a lawsuit with a “Quiet Title” claim. In this claim, the Plaintiff seeks relief by asking the judge to issue a judgment (also known as an “Order”) stating the true owner(s) of the property.
Pursuant to Section 65.061(2), Florida Statutes, a quiet title action can be filed seeking the following relief:
Remove any asserted cloud; or
Cancel any improper conveyance of other evidence of title.
What Law Governs Quiet Title in Florida?
Chapter 65, Florida Statutes, governs Quieting Title. Chapter 65, Florida Statutes, can be accessed for free here. Other statute sections may come into play as well, especially if additional claims are made regarding the title. There are also numerous Florida cases regarding quiet title, including cases decided by the Florida Supreme Court.
When is a Quiet Title Action Appropriate?
A quiet title action is ultimately appropriate when there is a “cloud on title” that needs to be resolved. This means that the ownership of the property is unclear. In more drastic cases, a person may be claiming ownership of a parcel that they do not rightfully own. By pursuing a quiet title action, the ownership dispute over the property can be finally resolved. This allows the true owner to have “clean and clear title,” which may be necessary to modify and/or sell the property.
When is a Quiet Title Action Inappropriate?
A quiet title action cannot erase legitimate, legal claims to the property. For instance, if a government entity has a lien on your property, it is likely a legitimate lien that would not be properly addressed by initiating a lawsuit. There are also circumstances where an action may be appropriate but may not be the strategic first step. Determining when a quiet title action is appropriate is best discussed with an experienced attorney who frequently handles this area of the law.
Who Can File a Quiet Title Action in Florida?
Any person or corporation that has a claim to the property can file a quiet title action. Others can be joined to the action if they have an equitable interest in the property.
What are the Legal Requirements for a Quiet Title Action in Florida?
To state a cause of action to quiet title, the Plaintiff needs to allege that (1) they had title to the subject property; (2) a cloud on the title existed; and (3) that the cloud was invalid. D’Alessandro v. Fid. Fed. Bank & Trust, 154 So. 3d 498, 499 (Fla. 4th DCA 2015).
Are There Any Deadlines for a Quiet Title Action?
There are many deadlines that might relate to a quiet title action. Consider the following non-exhaustive list of examples:
Claims or defenses based on title to real property are barred unless the claimant has been in possession within seven years. See Section 95.14, Florida Statutes. A plaintiff’s action for recovery of property is also barred if the plaintiff was not in possession within the seven-year period. See Section 95.12, Florida Statutes.
Claims by other heirs when a deed from persons purporting to be all the heirs of a decedent are barred if the deed has been of record for at least seven years. See Section 95.22, Florida Statutes. However, this does not apply to heirs whose names appear of record as heirs or devisees of the decedent.
Technical defects based on a lack of seals, witnesses, or proper acknowledgments in a deed or will must be corrected within a particular period of time depending on when the deed or will was made of record. See Section 95.231, Florida Statutes.
Mortgage liens are barred five years after their date of final maturity, if that date is ascertainable from the record, or if not ascertainable, twenty years after the date of the mortgage. See Section 95.281, Florida Statutes.
What Does a Quiet Title Action Accomplish?
Ideally, a quiet title action leads to a judgement declaring that all adverse legal interests to a specific parcel of property have been removed. This means the chain of title is cleared in the real estate records (and has therefore been “quieted”). There is now no dispute or unresolved issues impacting the parcel, and the true owner holds title free and clear. The judgement is a document filed with the circuit court that has been signed by the judge with the declaration and any findings necessary to quiet title.
Can I be Awarded Monetary Damages in a Quiet Title Action?
No. Florida law does not provide for monetary damages to be paid to the prevailing party in a quiet title action. See Price v. Tyler, 890 S0.2d 246 (Fla. 2004). However, another claim may be raised alongside a claim of quiet title that does provide for monetary damages. This depends on the facts of the case.
Can I be Awarded Attorneys’ Fees in a Quiet Title Action?
No. The Florida Supreme Court has expressly stated that a party’s legal fees cannot be paid as a part of a quiet title action. See Price v. Tyler, 890 S0.2d 246 (Fla. 2004).
How Long Does a Quiet Title Action Take to Accomplish?
It depends! Filing a quiet title action is a form of litigation. There is no “deadline” stemming from the time the lawsuit is filed that guarantees when the matter will be resolved. This will be up to the judge, and will depend on the specific facts of the case. If the matter is as simple as correcting a typographical error, the lawsuit may be resolved within a month or two without too much hassle. However, if the lawsuit is adversarial in nature, it can take much longer to properly address any contests against the action.
What are the Steps of a Quiet Title Action?
To initiate a Quiet Title Action is a multi-step process governed by the Florida Rules of Civil Procedure, applicable case law, and the assigned judge. Therefore, it is crucial to retain an attorney to properly navigate the process and advocate for you. Below is a brief overview of the litigation process. Please note that every case is unique, and this overview is not all-inclusive. This overview is merely offered to provide a glimpse into the process.
A lawsuit will need to be properly served on the Defendant(s) (i.e., whoever may lose their rights to the property at-issue). The document that initiates the lawsuit and states the claim(s) of the Plaintiff is called a Complaint. The parties identified in a lawsuit is crucial to quieting title.
Once the Complaint has been filed with the Clerk of Courts in the appropriate jurisdiction, and served on the Defendant, the Defendant will have the opportunity to file an Answer to the Complaint. This Answer will typically deny the allegations included in the Complaint, and include Affirmative Defenses—defenses that argue against the Plaintiff’s request for Quiet Title, and any other claims which may be included in the lawsuit.
Both parties will then have the opportunity to engage in Discovery, which is a process designed for both sides to gather information about the basis of the lawsuit. This phase of litigation can take anywhere from a couple of months to years (in a more complex litigation with multiple parties and/or multiple parcels of land).
Hearings may be scheduled for the judge to make determinations and/or resolve disputes throughout the lawsuit. Ultimately, a final hearing on the merits of the case will likely be held.
The final step occurs when the judge issues a judgment on the merits of the case. This judgment should declare that all adverse legal interests to a specific parcel of property have been removed. The true owner of the property will also be clarified and/or confirmed in this judgment.
How can one be Successful in a Quiet Title Action?
There is no one way to succeed in a quiet title action. However, the most prudent course of action is to hire a knowledgeable attorney—Navigating the Florida Circuit Court pro se (i.e., without an attorney) is not recommended. While hiring an attorney is an upfront expense, it can in many cases result in an overall savings. Take the time to find an attorney who is knowledgeable in that specific area of law. Many attorneys offer free consultations.
How Should I Respond to a Quiet Title Action?
If a complaint has been filed against you, you have twenty days from the date the Complaint was served to file an Answer. This Answer must be legally sufficient, and should include any applicable Affirmative Defenses. If a complaint has been filed against you, it is strongly encouraged that you retain an attorney as soon as possible so that your interests can be protected.
Is Quiet Title the Same as Adverse Possession?
No. However, the two concepts are related. As discussed above, quiet title is the proper legal process used to resolve a range of problems that make a parcel of land’s ownership uncertain. Adverse possession is one of those problems (and therefore, could be a claim asserted within a quiet title action). Specifically, adverse possession is one way a person can obtain ownership of land that was not their own. Certain elements must be met to adversely possess land.
What is a Quiet Title Action on a Tax Deed in Florida?
A person or entity who holds a tax deed can file a quiet title action to clear title. Tax deeds are generally considered valid against other claims unless the prior owner can show that they did pay the taxes prior to the issuance of the tax deed.
Contact a Quiet Title Attorney for a Free Consultation
PTM Trust and Estate Law is happy to answer your questions about quiet title. Please call 352-554-5576 or contact us online to schedule a free consultation. If you do not live near Gainesville, then we will be happy to schedule a free phone meeting instead. We help clients all throughout the state of Florida.