Coral Springs Title Company on Quiet Titles
Our Coral Springs title company doesn’t just deal with title searches and insurance. In fact, because we are attorney owned and operated, with our legal expertise, we can also offer guidance and legal representation in the event a quiet title action is necessary.
But what is a quiet title, and when is it necessary? In this post, we’ll discuss everything you need to know about quiet titles.
Quiet Title: A Definition
A quiet title action refers to a legal proceeding that aims to establish the right of ownership to a property between a number of different claimants.
Essentially, if there are one or more parties claiming that they too have a legal right to the property’s title, one can bring a quiet title lawsuit to determine who the ‘real’ owner is. The lawsuit is typically brought by the person in possession of or living at the property, but this is not always the case as quiet title laws vary state-by-state.
By eliminating the other parties’ rights to claim ownership of the property, the court ‘quiets’ these other claims – hence the name ‘quiet title’. A quiet title action is also called a suit to remove a cloud – where ‘cloud’ refers to the claim or potential claim of ownership from the other party or parties.
A quiet title action becomes necessary when there is a title defect that makes ownership ambiguous. You may be surprised to know how often this kind of problem occurs, especially with older properties that have changed hands many times. Some common title hazards that could result in a contested title include an undisclosed heir coming forward, a clerical error, forged or incorrect title documentation, or an incomplete or careless title search that did not uncover these other potential claimants. Title ambiguity can also arise if the land survey is not carried out properly, or even when someone with a liens against the property claims ownership.
However, keep in mind that not all quiet title suits can clear every single claim against a property. In some states, a quiet title action can only clear specific claims against a title. Consult your local title company to find out more about regulations in your state or county.
The Quiet Title Process
So, what should you do if you own or buy a property that has multiple claims against it?
Firstly, always consult your real estate attorney to formulate an adequate plan of action. In Florida, the current homeowner typically files the lawsuit at the local courthouse or circuit court, after which a judge will review all the relevant documentation and decide whether or not to quiet the claims against the title. However, a title cannot be cleared based on a lack of evidence from the other claimants; instead, it is usually awarded on the strengths of the plaintiff’s claim and evidence.
Also keep in mind that this process can take anywhere from a few months to a year, so it’s not a quick in-and-out procedure.
The Cost of Quiet Title Suits
The cost of a quiet title action will depend on your real estate attorney and how much work needs to be done for the case. Nonetheless, you can expect to pay for an initial consultation fee followed by an hourly rate for the research, drafting of documents, and communiqués between the claimants.
For more information, or to get a quotation for a quiet title suit, contact Florida Home Title Company today.