Do we own our home free and clear once awarded a quite title in a judges summary judgment? He also cancelled the mortgage.

Asked over 2 years ago - Gainesville, FL

Our home has now been placed in a partnership between my wife and i and is now in a Land Trust. Thank you for your time to answer this. We live in Florida.

Attorney answers (3)

  1. Margery Ellen Golant

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . It is impossible to begin to respond to your question without a full and complete review of all of the title documents and the complete action to quiet title, which is far beyond what can or should be done on this web site. There is an enormous misunderstanding generally about what an Action to Quiet Title is and what effect it has. It can at best only address the interests of those potential claimants who are named and served in the action and given an opportunity to defend. In the current mortgage environment, that is an extremely challenging propositon, since in many cases the borrower does not even know what entity is potentially the real claimant. You say nothing about who "they" are, or any details about the claimants and the action. It may well be that the Action to Quiet Title did not address all the potential claimants who may try to foreclose on your property.

    I assume that the Action to Quiet Title was done by an attorney. If so, that is the person you need to ask. If not, if you proceeded pro se, then it is extremely unlikely that everything was done that could and should have been done to address all potential claims.

    Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-... more
  2. Royce Brent Bishop

    Contributor Level 16

    1

    Lawyer agrees

    Answered . I'm with Ms. Golant on this one. If you did get your house free and clear then it would be worth the money to sit down with an attorney for a couple of hours and let he or she tell you that. And if you do not get your house free and clear, you don't want to feel felated "falsely elated", so you want an attorney to tell you that also.

  3. Preston Hall Oughton

    Pro

    Contributor Level 11

    Answered . Have a conversation with the attorney who handled the partnership and trust. They will have the information you need to determine whether quiet title conferred title into your name.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

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