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Bringing a lawsuit to address issues with the title of your property

| Jun 10, 2020 | Real Estate Transactions |

If you are like most people in Florida, you will spend much of your adult life investing in your home. Even if you move or change houses, the process of building up that investment will be an ongoing one. By paying a mortgage and making repairs and upgrades to the existing property, you can turn your primary residence into a lifetime investment that can help you stay independent as you age or provide the foundation for a strong legacy for others.

Sadly, there are complications that can reduce the sale value of your home in the future or possibly even prohibit you from completing a sale transaction. Issues with your title, including inappropriate liens and inaccurate records, can affect your ownership and your ability to transfer a property. You may need to consider filing a civil lawsuit in order to protect your real estate investment.

When you sue to correct title errors, you take quiet title action

Mistakes on your title can range from outdated ownership records that list a previous owner or a deceased spouse to a mechanic’s lien that you have already satisfied and that should have already gotten removed from the records.

If the other party isn’t willing to release the lien or execute a deed to correct the title or if they are deceased or otherwise incapable of doing so, quiet title action allows owners to clear the titles for their property.

How quiet title action works in Florida

Under Florida law, property owners have the right to request that the courts quiet the title to the property, also known as clearing a cloud from title. Even if there are multiple people on title, only one has to decide to take action to remedy a title defect.

In a quiet title action, you present evidence to a judge of how you have addressed the issue on title or proof of its inaccuracy. Provided that the Circuit Court judge agrees that the ownership has changed, the recorded deed is incorrect or the owner properly satisfied the lien, they can order the removal of the blemish.

Once you’ve completed quiet title actions, you will be able to sell, bequeath or finance a property without concerns about how those blemishes might impact the process.

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