Slander of Title Action - PTM

PTM Pursues Slander of Title Actions in the Following Areas

Title Actions in Gainesville, FL

We are happy to meet with any of our clients in our office located in Gainesville, FL. The office is found off of Tower Road. Please make an appointment for your visit.

Title Actions all throughout the State of Florida

We are happy to meet with you either by phone or over zoom if you are not in the Gainesville area. Title actions do not require in person conversations with a law firm; we represent clients from all across the state of Florida.

Slander of Title FAQ

What Are Examples of Slander of Title?

Examples of slander of title include:

• The filing or recording of a false instrument purporting to affect the title of property (e.g., improperly filing a lis pendens on a property)
• Placing an improper and/or fraudulent lien on a property
• Preventing the lease or sale of a property by claiming a lease on the property
• Refusing to release a financing agreement concerning the property when said agreement is known to be void

What is Law Governs Slander of Title in Florida?

Section 95.11, Florida Statutes, governs Slander of Title. Section 95.11, 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.

What Relief is Available through a Slander of Title Claim?

Slander of title claims can potentially result in both monetary damages and injunctive relief. Monetary compensation based on proven financial losses which were the immediate and direct result of the false statements made. This may include expenses incurred by the property owner to combat the negative claims and its effects, such as attorneys’ fees.

What is the Statute of Limitations on Slander of Title in Florida?

In Old Plantation Corp. v. Maule Indus. Inc., 68 So. 2d 180 (Fla. 1953), the Florida Supreme Court ruled that the statute of limitations applicable to slander and libel actions are to be used in a slander of title case as opposed to the statute of limitations available for damage to real property. Thus, actions for slander of title are controlled by the two year statute of limitations. See Section 95.11(6).

What are the Requirements for a Slander of Title Claim in Florida?

To have a valid Slander of Title claim in Florida, the plaintiff must allege:

• The defendant communicated the statement(s) to a third person;
• The statement(s) is disparaging to the plaintiff’s title;
• The statement(s) is untrue; and
• The defendant’s communication caused the plaintiff to suffer actual damages.

How do I Respond to a Slander of 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.

What are Common Defenses to Slander of Title in Florida?

A slander of title claim can be defeated in several different ways. For instance, a claim of slander of title cannot prevail if the statement was published as an opinion. There are also several defenses to slander of title in Florida. A non-exhaustive list has been included below:

• Privilege—A defendant may be able to claim the defense of privilege where there is absolute privilege to make otherwise slanderous statements against the plaintiff’s title. This defense is only applicable in a limited set of circumstances (e.g., for statements made during litigation).
• No Damages—A defendant may prevail on a slander of title claim by demonstrating that the plaintiff failed to and/or cannot prove they suffered damages.
• Truthfulness—A defendant may prevail on a slander of title claim by providing evidence demonstrating that the statement made is true and/or cannot be proven objectively false.
• Good Faith— A defendant may be able to prevail against a slander of title claim by demonstrating that they had a reasonable basis to believe what was said about the plaintiff’s ownership of property, or a good faith belief in the validity of a filing related to the property.
• No Actual Malice—A defendant may limit their liability by demonstrating a lack of malice, as punitive damages may only be awarded in a slander of title claim if there was actual malice.

Contact a Title Action Attorney for a Free Consultation

PTM Trust and Estate Law is happy to answer your questions about slander of 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.