Quiet Title Actions Attorney in Gainesville, FL
Before you purchase real estate in Florida, you need a real estate attorney to perform a title examination. A title examination involves researching the real property records for the real estate to ensure that the current owner has clear, marketable title to transfer to a buyer. However, the title search also involves examining the property records for the prior owners of the property to determine if there are any title defects or clouds on the title that prevent a buyer from receiving clear title from the seller. Title defects can prevent a property owner from selling the property for a fair price, obtaining title insurance for the property, or qualifying for a mortgage secured by the property.
If you are purchasing real estate or if you own real estate that has a problem with the chain of title, contact our Gainesville real estate law firm by calling (888) 316-2131 to speak with an experienced real estate lawyer. It is best to address the problem as early as possible in the process of selling real estate to prevent unnecessary delays in closing.
Conveying Title to Real Estate
The preferred method of conveying real estate for a buyer is for the seller to sign a General Warranty Deed. When a seller signs a General Warranty Deed, the seller certifies that:
The seller is the rightful owner of the property being transferred by the deed;
The seller is authorized and has the legal right to transfer title to the real property;
The seller has disclosed all mortgages, encumbrances, and other liens attached to the property that are known to the seller;
The property is free and clear of any title defects or other problems that would interfere with the purchaser's right to possess and use the property without interference by any other party; and,
The seller will defend the purchaser against any actions or damages claimed by another party alleging an interest in the property.
In some cases, the purchaser may agree to accept a deed that conveys title, but does not offer each of the above warranties, such as a Fee Simple Deed, Special Warranty Deed, or Quit Claim Deed. However, a purchaser should discuss the risks associated with conveyances that do not offer general warranties with an Gainesville real estate attorney before agreeing to purchase the property.
Quiet Title Actions in Florida
When a title examination of a piece of real property reveals a problem with the title, the closing attorney may be able to resolve the issue so that the parties may proceed with the real estate closing. For example, if the attorney discovers that a mortgage signed by a prior owner is still on record, the closing attorney might be able to contact the mortgage company to confirm the loan has been paid in full. If the loan was paid in full, the mortgage company should issue a Satisfaction of Mortgage or Cancellation of Mortgage that can be recorded to resolve the problem.
However, some problems arise during a title examination that may not be easily resolved. In cases that involve a serious title defect or cloud on the title, a quiet title action may be required to resolve the problem.
A quiet title action is a lawsuit filed by the current owner against any parties who might claim an interest in the real property. All interested parties are placed on notice that the current owner is asking the court to determine ownership interest in the property and clear or “quiet” any problems with the title. If a party to the lawsuit does not assert its claim in court, the party loses its right to assert a claim in the future.
Reasons for a Quiet Title Action in Gainesville
Unfortunately, some problems with the title to a piece of real estate can only be resolved by filing a lawsuit to quiet title. Some of the issues that can result in the need to file a quiet title action for Gainesville real estate include:
- Open probate estates or missing heirs
- Tax Deeds and Foreclosure Deeds
- Boundary Disputes or Survey Disputes
- Claims of Fraudulent Conveyances
- Alternative to Probating an Estate
- Claims of Adverse Possession
- Rights-of-ways, Easements, and Other Access Issues
- Prescriptive Easements
Some problems may be resolved by filing a corrective deed. However, when a quiet title lawsuit must be filed, you want an experienced Gainesville real estate attorney to handle the matter to ensure all requirements are met to obtain an order clearing the title to the real estate. The goal is to obtain clear title from the seller to convey to the purchaser.
Call an Gainesville Real Estate Attorney for More Information About Quiet Title Actions
If you have been informed that there is a problem with the title to your real property, we can help. Contact our Gainesville real estate law firm by calling (888) 316-2131 to discuss your situation with our real estate lawyer.