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.
About the Quiet Title Process
The quiet title is filed in the court of the county where the property is situated. For example, to quiet title to a property located in Miami Beach, the lawsuit is filed in Miami-Dade County circuit court. If located in Miramar, the lawsuit goes to Broward County court. To quiet tile on a property located in Ellington, one needs to file in Palm Beach County.
The quiet title needs to be filed in circuit court. The circuit court has jurisdiction over cases dealing with interest in real property. Quieting title to a tax deed requires a declaratory judgment stating that the defendant’s interest in the subject real property has been extinguished.
Not every tax deed holder needs to quiet title. The issue is title insurance. Title insurance is something that the tax deed holder can purchase for his/her own benefit, or more commonly, title insurance is something sought by a potential buyer of the tax-deeded property. To issue title insurance, most insurers require that a quiet title is performed on a property acquired via a tax deed. Hence, unless planning on reselling the property shortly, one does not need to quiet title. If one plans to resell it, but only after five years, one may not need to quiet title. This last option is a bit tricky because it only works if the title insurance company determines that the county met all of the notice requirements when sold the tax deed. Our law firm will help you determine if you really need to file a lawsuit or not.
Defending Your Best Interests
Our firm has had extensive dealings with title insurance companies and property litigation cases. You can rest assured that we understand how to guide you through often convoluted courtroom proceedings. We appreciate our clients’ eagerness to come to a swift conclusion in these matters so that they can resume their usual daily business. That’s why we respond quickly with a comprehensive attention to all of the details of your case. Title disputes and quieting titles happen for any number of reasons, and our firm knows how to deal with each. An experienced attorney often makes the difference in such cases, and you can trust ours for a higher level of legal representation. Turn to our firm when you need representation you can trust.
An uncontested quiet title judgment typically can be obtained in a relatively short amount of time. If all defendants are served quickly, and none of the defendants in turn file objections to the complaint, a quiet title judgment can be obtained in approximately 60 days. This applies to all three counties: Miami-Dade, Broward, and Palm Beach. There may be variations depending on a particular judge, but the variation should not be significant — within the order of 30 days. This timeline will not apply if the defendants cannot be found or if defenses are filed.
It takes an additional 30 days if certain defendants cannot found. When the prior owner, for example, cannot be found, or for some reason service of process cannot be affected, two additional things are needed. First, notice of the quiet title action needs to be published in a local periodical, such as the Daily Business Review, for four weeks. Second, a guardian ad litem needs to be appointed to represent the interest of the missing defendant. Both of the above result in more time and additional costs.
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 defend your rights 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 $1,000.00*, 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.