They allow challenges to the issuance of a tax deed. The Florida courts generally are hesitant to allow a buyer to take possession of the property from a rightful owner. In return for paying the taxes, the buyer gets a tax certificateīuyers may think they’re getting a bargain, but it can be hard to sell the property unless the buyer quiets title to any open claims. The tax collector for the municipality conducts the sale. The seller of the property is usually the local municipality where the property is located. Essentially, the buyer pays any back taxes that are due on the property. Many complications and clouds on real estate arise when someone buys through a tax sale. When discovery is complete, the case is set for a hearing. The next step is for each party to take discovery. Typically, each defendant has 20 days to respond to a quiet title complaint. Quiet title awards do not include monetary judgments. When the quiet title action is successful, the recorder of deeds office gets the quiet title judgment so that title companies can insure the property and owners can sell it.Ī quiet title action clarifies the ownership and interests of other parties. Title 65 of the Florida Statutes provides the authority for quiet title actions. Generally, the plaintiff brings an action against anyone who might have an interest in the real estate to clarify the validity or invalidity of that claim. Quiet title actions are common when there is a break in the chain of title that can’t be determined through an investigation of the deeds and other legal documents.
A quiet title action helps resolve open clouds. Any claim against real property is called a cloud. The buyer/owner may be subject to lawsuits by anyone who claims an interest in the property. Without clear titles, the buyer or owner of real property may not be able to sell the property to others. Anyone who buys a residence or buys real property for personal, business, or investing use – should make sure they get title insurance. Title companies insure the real property against known and unknown claims against the property.