Quiet title actions are a legal process used to ascertain the true owner of a property. It is often a challenging and time-consuming process and while people can file these lawsuits on their own they usually have an attorney represent them.
When do people file quiet title actions?
People usually file quiet title actions when there are competing claims to the property or multiple people claim they own the same property. In these cases, the individual filing wants the court to determine who the actual owner is and a quiet title action is the legal process to accomplish that.
Six valuable tips for filing a quiet title action in Florida
If you decide to file a quiet title action, there are a few things you need to know and have before filing. Documentation necessary to file a quiet title action includes:
- Property tax record or deed
- Title search report and title policy
- Official motion/complaint filed with the court
- Other supporting documents
What happens after an individual files a quiet title action with the court?
After the individual files the motion in court, it is served on the property’s current owner, who can respond to the motion within 20 days. If the property’s current owner does not respond within 20 days, the court may proceed with the quiet title suit without interference.
If the property owner responds, official quiet title action proceedings begin, and the court will schedule a hearing, allowing the parties to present their arguments to the court. If there are attorneys representing the parties, which is often the case, the attorneys will argue for their clients.
After both parties have a chance to present their case in court, one of the parties will file a motion for final judgment, which is a request for the court to decide and make a final decision on the quiet title action. If there is additional information that the parties want the court to have, they can include it with this motion. The court then decides on the quiet title action and determines the property’s true owner.
A quiet title action is simply the name for a specific type of lawsuit, but it works similarly. The purpose of quiet title actions is to determine who the true owner of a specific property is.