When you purchase real estate in the Palm Beach area, you are investing in one of the most beautiful places in South Florida. As you prepare to assume ownership, you expect to have title to your new residence free and clear of other interests. However, sometimes a title can come with complications where other parties may claim to have an interest in your property. When these type of disputes arise, you may be able to settle them through a type of legal case. Here is what you need to know about filing a quiet title action for your Palm Beach area real estate.
Florida Quiet Title Actions
Florida law provides that an owner can file a quiet title action to establish his or her ownership of property. First, the filing party must give notice of the suit to any person or entity known to have a possible claim to the property and provide them with an opportunity to assert their own claim. If no one comes forward, the title can be cleared and awarded exclusively to the filing party. However, if other parties appear and declare that they have a right to your property, a judge will to have the hear evidence and decide the issue. The title can be cleared once all superior liens have been satisfied in writing, and the court issues and signs a judgment which is recorded in the public records of the county where the property is located.
Title issues, or clouds on a title, can arise on any property but are more commonly seen in situations such as when a property is purchased at tax auction sales or when the chain of title has been broken. Broken chains of title can happen when there are recording errors or when property passes after an owner has died.
Having a clear title to your property is important as it will permit you to sell in the future and purchase title insurance while you are the owner. When you have the matter decided through a quiet title action, you can obtain a judgment that can settle the existing issues and free your property from adverse ownership interests such as liens and other encumbrances. However, not all claims can be removed through a quiet title action. For example, a federal tax lien on a property is typically not removable in this type of action.
At Rabideau Klein, we have extensive experience handling real estate matters in the Palm Beach area. Guy Rabideau, Esq. and David E. Klein, Esq. are Florida Board-Certified Real Estate Attorneys with the experience you need to evaluate your title issues. Contact Rabideau Klein today to discuss your real estate legal needs.