Step 1 – The Title Search
We will need you to provide us with a copy of your Tax Deed that was issued by the county. This contains all the identifying information for the real property that is needed to obtain a title search. Once we review the title search, we will prepare the Quiet Title Complaint. You will be sent a copy to review and sign. Once you sign and return to our office we can proceed with filing the Complaint in the county the real property is located.
Step 2 – Filing the Quiet Title Action
We file the Complaint with the Clerk of Court and attempt to locate and serve all interested parties a copy of the Quiet Title Complaint. Interested parties have 20 days to respond to the Complaint once they are served a copy. If parties fail to timely respond, the clerk will enter a default against the parties and we can proceed with the case. Even if parties respond, we can proceed with the case, but additional litigation may be involved before going to the final hearing. In either event, a Motion for Final Judgment is submitted to the Judge and a final hearing date is set.
Will my appearance be required at any Court hearing? Nope! Robert Peters is your attorney and will represent you in all court proceedings.
How long does a Quiet Title action take? At the Law Offices of Robert Peters, the amount of time takes much less than other law firms because we are the best! Robert is a real estate investor himself, as well as a real estate and civil litigation attorney. Robert has years of experience maneuvering through the Quiet Title Process.
Obviously, another factor that affects the time depends on how difficult the Defendants are to find, but we don’t waste any time. If a Defendant cannot be quickly located, they can be served through publication in a newspaper of general circulation for 4 consecutive weeks.
Step 3 – The Final Hearing
Once we file our Motion for Final Judgment we coordinate a hearing time with the Judge’s office. Normally these hearings are a minimum of 30 days from the time we file our Motion and depending on the Judge’s calendar. Again, we do not waste time, at the same time we are filing our Motion for Final Judgment, we have the Judicial Assistant on the phone scheduling the hearing.
The final hearing takes place and the Judge signs a Final Judgment declaring the title is free and clear of all liens or interests of any of the party’s subject to the lawsuit. Essentially, this is your proof of clear title. You will need to provide a copy of your Final Judgment, along with a copy of your Tax Deed to your closing agent.
On a side note: We highly recommend our clients obtain an Owner’s Title Insurance Policy to protect their interests. Not all title companies think alike and again they are super cautious when they hear the words “Tax Deed” or “Quiet Title”. Buying a title policy based on your purchase price of the property is a very minimal expense that can protect your investment and allows you to close at any title company in Florida. We can assist you with the purchase of your Owner’s Title Insurance Policy as a part of the Quiet Title process, just ask!