In real estate, few things are as unsettling as a dispute over who really owns a property. Whether you’re a buyer, seller, or heir, discovering a cloud on title can derail your plans. That’s where a quiet title action comes in.
What Is a Quiet Title Action?
A quiet title action is a legal lawsuit filed to establish ownership of a property when the title is in question. The goal is to “quiet” any competing claims—hence the name. Once the court rules in your favor, you have clear, marketable title.
Quiet title actions are governed in Florida under Chapter 65 of the Florida Statutes.
When Should You File One?
Quiet title actions are used when there’s a real—or potential—dispute about who owns the property or who has legal interest in it. Common scenarios include:
- Tax deed purchases where the previous owner or lienholder might still assert rights
- Inheritance without probate or with missing heirs
- Errors in public records (e.g., incorrect legal descriptions)
- Fraudulent or forged deeds in the property’s chain of title
- Unreleased mortgages or liens that were paid off but not properly removed
- Boundary disputes due to overlapping legal descriptions or unclear surveys
Quiet title actions are particularly common in Florida due to the high number of tax deed sales, inherited properties, and investor flips.
The Process, Step-by-Step
- Hire an Attorney
This is not a DIY legal filing. An experienced real estate attorney will review your title report, identify all parties with potential claims, and file the proper documents. - File the Complaint in Court
This legal document outlines your claim and names any other parties with possible interests (even if they’re unknown). - Serve Notice to All Defendants
All named parties must be properly notified. If someone’s whereabouts are unknown, notice must be published in a local newspaper per Florida law. - Wait for Response or Default
If no one contests your claim, the court may grant a default judgment. If someone does respond, the court may schedule a hearing. - Court Issues Final Judgment
Once the judge rules in your favor, a Final Judgment Quieting Title is recorded in the public records, clearing up the title.
How Long Does It Take?
Most quiet title actions in Florida take 3 to 6 months, but it depends on the complexity of the case, how difficult it is to locate other parties, and whether anyone contests the action.
Why Not Just Sell Without Clearing Title?
Selling property with a clouded title is risky—and in many cases, impossible. Most title companies will not insure such properties, and most lenders won’t finance them. That means fewer buyers and lower sale prices.
Costs and Risks
The costs vary depending on the facts, but the risk of not clearing title can be far greater—especially if you’re later sued by a party claiming interest.
Strang Tryson’s Take
Our firm handles quiet title actions regularly for individuals, investors, and estates. We investigate, litigate, and ultimately deliver a clear path to ownership—so you can sell, refinance, or build with confidence.
Whether you’re trying to unlock equity, resolve a dispute, or just protect your investment, a quiet title action can be the legal reset your property needs.
