Quiet Title Services in Fort Lauderdale, FL
To quiet title in Fort Lauderdale, FL, means to file a lawsuit. In this lawsuit, the tax deed holder is the plaintiff, and the defendants are all persons or entities which held some interest in the property at the time the tax deed was issued. Typical defendants are the prior owner, judgment holders, lienors, and mortgagees, among others. Additional defendants may be appropriate depending on case-specific factors and strategy.
If you require legal representation and counsel in a quiet title case, schedule a consultation with us at The Rashtanov Law Firm, P.L. Our courtroom-tested attorney has the experience necessary to successfully handle your litigation proceedings. With our quiet title lawyer, you can be confident that you are receiving the expert representation you need to optimize the outcome of your case. Legal matters can be delicate and require experienced legal counsel for a higher change at favorable resolutions. You can count on our lawyer to provide you with the superior representation you need for the fair and speedy resolution of your case. Contact us to discuss your case today.
Quiet Title Actions: Overview and Process
A quiet title action must be filed in the circuit court of the county where the property is located. For instance, if the property is in Miami Beach, the lawsuit should be filed in Miami-Dade County Circuit Court. For a property in Miramar, it would be filed in Broward County, and for a property in Wellington, it would go to Palm Beach County.
The circuit court has jurisdiction over cases involving interests in real property. In a quiet title action related to a tax deed, the court issues a declaratory judgment to extinguish any claims or interests the defendant may have in the subject property.
Quiet Title and Tax Deeds
Not all tax deed holders need to file a quiet title action. The necessity often depends on whether title insurance is required. Title insurance, either for the tax deed holder’s benefit or more commonly for a potential buyer, usually requires a quiet title action to ensure clear ownership. If the property will not be sold immediately, quieting the title may not be necessary. However, if the plan is to sell the property within four years, quieting the title might still not be needed if the title insurance company confirms that the county complied with all notice requirements during the tax deed sale.
Our law firm can help determine whether filing a quiet title action is necessary in your specific situation.
Professional Representation You Can Trust
Our firm has extensive experience with title insurance matters and property litigation. We understand the complexities of these legal processes and are committed to guiding our clients through them efficiently. We recognize the importance of resolving disputes swiftly so you can focus on your daily business. Our attorneys bring a high level of expertise to title disputes and quiet title cases, ensuring a strong legal representation you can trust.
Timeline for Quiet Title Actions
An uncontested quiet title judgment can usually be obtained within approximately 60 days if all defendants are served promptly and no objections are filed. This timeline applies across Miami-Dade, Broward, and Palm Beach counties, with minor variations depending on the judge, typically within 30 days.
If defendants cannot be located, or if service of process cannot be completed, the timeline may be extended by an additional 30 days. In such cases, the following steps are required:
Publication of Notice: A notice of the quiet title action must be published in a local newspaper, such as the Daily Business Review, for four consecutive weeks.
Appointment of a Guardian Ad Litem: A guardian ad litem must be appointed to represent the interests of any missing defendants.
These additional requirements increase both the time and cost involved in obtaining a quiet title judgment.
If you have questions about quiet title actions or need assistance navigating the process, our firm is here to help. Reach out to us for trusted legal guidance tailored to your specific needs.
Resolving Your Case as Quickly as Possible
If the defendants retain their own defense attorneys, the process will take somewhat longer. The timeline of a contested quiet title action varies. A contested quiet title action is one where at least one defendant makes an appearance and raises defenses. Each case differs in terms of timing as judges’ schedules, defendant’s determination, and resources vary. However, it is important to note this: statutorily, the only defense to a quiet title action on a tax deed is that taxes were paid. This is a significant tool to aid the expeditious deposition of defenses. Sanctions for the plaintiff may also be warranted, which provide an additional deterrent against frivolous objections. However, overall there are too many factors to be able to provide a general timeline of contested cases.
Whatever the case may be, our law firm works aggressively to process and resolve the case in your best interest. We strive to finalize the proceedings in the shortest time available given your case’s particular circumstances. If you have any questions or concerns, please reach out to us today. We are committed to providing you with the area’s best representation in these types of cases. Make sure you have the legal protection you need by working with us.
Contact us to discuss our quiet title services. Our fee is only $1,900.00*, plus costs. Call (954) 336-0599 or email for details. Our law firm represents clients in the Fort Lauderdale, Florida, area.
* Subject to restrictions and limitations
THE INFORMATION CONTAINED HEREIN IS PROVIDED FOR INFORMATIONAL PURPOSE ONLY. IT IS NOT INTENDED AND IS NOT TO BE INTERPRETED OR USED AS LEGAL ADVICE. EACH LEGAL PROBLEM IS UNIQUE; THEREFORE, CASE SPECIFIC LEGAL ANALYSIS BY A LICENSED ATTORNEY IS RECOMMENDED.