Quiet Title: Putting Your Fla Real Estate Back in Your Name - Blog - Rabideau Klein

Quiet Title: Putting Your Fla Real Estate Back in Your Name

While it’s exciting to see Florida real estate continuing its incredible momentum in equity growth, the increased demand for property has created a new wave of title problems. Whether Fla real estate lawyers and agents are working for native Floridians, out-of-state home buyers, or real estate investors, verifying a clean title on a property can throw a wrench into plans to buy or sell a home.

One reason why title issues tend to be more prevalent in Florida is that the state has smoothed out the foreclosure process in response to recent problems and statewide buying and selling opportunities have accelerated, along with clouded titles that can unhinge real estate transactions. Whether pursuing a sale, purchase, or lien, potential real estate investors are urged to proceed with caution.

If you are having difficulty acquiring a clear title, pursuing a Florida quiet title action may be the answer.

What is a Quiet Title Action?

A quiet title action is a civil lawsuit filed in a Florida circuit court. You are asking the court to issue a judgment cutting off the rights of others who may have an interest in the property or who have a clouded title, such as heirs of a deceased previous owner, lien holders, or leaseholders.

A quiet title lawsuit results in the removal of all adverse legal interests to a property. However, keep in mind that the quiet title action won’t remove every type of property interest or lien. For example, federal tax liens and bank mortgage liens won’t go away and will have to be dealt with in a different manner.

How Long Does It Take?

Like most lawsuits, how long the quiet title action will take depends on the circumstances surrounding your individual case. A title hearing in Florida, are usually scheduled 30 days after the filing of the Motion for Final Judgment. The total timeframe depends on the number of parties involved, the time it takes to locate them, and also how long it will take to address any party contesting the lawsuit.

How Much Does a Quiet Title Action Cost?

There are several costs associated with a quiet title action lawsuit. First, there is the filing fee, which ranges between $300 and $450, depending on the county in which the case is filed. Title search charges are around $125 and publication charges are approximately $150. In a case where one of the interested parties is a minor child, a Guardian Ad Litem, which means “guardian for the suit” (GAL) will need to be appointed. This can range from $300 to $600 depending on the complexity of the case.

To find out if a Florida quiet title action is right for you, contact a board-certified Fla real estate lawyer.

Contact Florida Bar Board-Certified Attorneys David E. Klein, Esq. and Guy Rabideau at Rabideauklein.com. They have the expertise and experience you need to ensure that your interests are protected throughout in all matters relating to real estate transactions in the Town of Palm Beach, across the Palm Beaches and throughout Florida. Contact Rabideau Klein today to discuss the legal implications of your Florida property transactions.

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