The 3-Step Guide To Filing A Florida Quiet Title Action
In Florida, filing a Quiet Title Action successfully involves taking 3 steps. Read on to learn how this 3-step method works and how Jurado & Farshchian, P.L. can help you.
Step 1: Title SearchIn order to begin the process, you will need to provide us with a copy of your Tax Deed that was issued by the county where your property is located. This document contains the identifying information regarding the property that is necessary to obtain a title search. Once our team reviews the title search that was conducted on your property, we will begin to prepare the Quiet Title Complaint. At this point, you will be sent a copy of the complaint that you will need to review, sign, and return to our office. Once we receive the document, we will continue the process by filing the Quiet Title Action in the county where your property is located.
Step 2: Filing the Florida Quiet Title ActionStep 2 involves filing the Quiet Title Action with the court and attempting to locate and promptly serve all interested parties a copy of the action. At this point, all interested parties will have exactly 20 days from the day they are served a copy of the Quiet Title Action to respond to it. If the interested parties fail to respond within that timeframe, the court will enter a default against the parties and we will be able to proceed with the case. On the other hand, if the interested parties respond, we will still be able to proceed with the case; however, we may face additional litigation before moving on to the final hearing. In either case, a Motion for Final Judgment will be submitted to the Judge and a date for the final hearing will be set.
Will my presence be required at any court hearing?
No. When you work with Jurado & Farshchian, P.L., we represent you in all court proceedings and your presence is not required. One of our real estate experts will spend as much time as necessary to understand your circumstances, needs, and wishes in order to ensure that your best interests remain protected throughout the process. However, if you wish to be present, you are more than welcome to be.
How long does the Florida Quiet Title Action process take?
When you work with Jurado & Farshchian, the amount of time it takes to complete the Quiet Title Action process is significantly lower than what you would get working with other law firms in Florida because, although it might sound pretentious, we are proud to say: we are the best! Our lawyers have many years of experience handling these types of court proceedings all over Florida, and our list of satisfied clients as well as our record of successful Quiet Title Actions speak for themselves.
One of the factors that affect the time it takes to complete the Quiet Title Action process is how difficult it is to find all interested parties. However, we will not waste any time. If an interested party cannot be located quickly, Florida Law provides for them to be served through publication in a local newspaper for four consecutive weeks.
Step 3: The Final HearingOnce we file a Motion for Final Judgment, we will set the date and time for the final hearing with the Judge’s office. Typically, these hearings are scheduled 30 days after the filing of the Motion for Final Judgment; however, the date and time depend on the Judge’s calendar.
At the final hearing, the Judge will sign a Final Judgment declaring the title to your property is free and clear of all encumbrances, liens, or interests of any of the parties subject to the Quiet Title Lawsuit.