A cloud on title is any recorded document, unresolved interest or gap in the chain of ownership that makes a title underwriter unwilling to insure the property, a lender unwilling to lend on it, or a buyer unwilling to close. Sometimes the problem is obvious, like an unreleased mortgage from 1998. Sometimes it only surfaces when a buyer’s title company runs the search a week before closing. I’m Eric J. Goldman, and I file and litigate quiet title actions under Chapter 65 of the Florida Statutes for property owners, tax deed purchasers, investors and heirs throughout Broward, Miami-Dade and Palm Beach counties.
A quiet title action asks the circuit court to declare who owns the property and to extinguish the competing claims. When it is done correctly, the final judgment is recorded and the title becomes insurable again. Call (954) 536-7557 if a title problem is standing between you and a sale, a refinance or peace of mind.
What Clouds Title in South Florida
The problems I see most often in Broward, Miami-Dade and Palm Beach title searches include:
- Tax deed purchases. A tax deed conveys the property, but title underwriters generally will not insure it until the former owner’s and lienholders’ rights are extinguished through a quiet title judgment.
- Unreleased mortgages and liens. Mortgages paid off decades ago with no recorded satisfaction, judgment liens against a prior owner with a similar name, and code enforcement or association liens that were settled but never released.
- Missing heirs and unprobated estates. Property that passed informally after a death, with no probate and no deed from the estate, leaving a break in the chain of title.
- Defective or forged deeds. Deeds with missing witnesses, wrong legal descriptions, an unauthorized signer for an entity, or an outright forgery.
- Boundary and legal description errors. Overlapping descriptions between neighboring parcels, unrecorded lot splits, and surveys that do not match the deed.
- Old easements, restrictions and reverter clauses that no longer serve a purpose but remain of record.
- Adverse possession claims that need to be reduced to a judgment before the possessor can sell.
Some of these can be fixed without a lawsuit through a corrective deed, a recorded satisfaction, an affidavit, or a release negotiated with the lienholder. I always look for the curative shortcut first. When the claimant cannot be found, refuses to cooperate, or no longer exists, a quiet title action is the tool that finishes the job.
How a Florida Quiet Title Action Works
Section 65.011 of the Florida Statutes authorizes any person claiming title to real property to bring an action in chancery to determine and quiet title against anyone claiming an adverse interest, whether or not the plaintiff is in possession. The case is filed in the circuit court of the county where the property sits: the 17th Judicial Circuit in Broward, the 11th in Miami-Dade, the 15th in Palm Beach.
The process generally runs as follows:
- Title examination. I obtain a full title search and identify every person and entity whose interest must be extinguished. Missing a claimant means the judgment does not bind them and the cloud remains.
- Complaint and lis pendens. The complaint describes the property, the plaintiff’s chain of title and each adverse claim. A notice of lis pendens is recorded so that anyone dealing with the property is on notice of the suit.
- Service of process. Known defendants are served personally. Unknown heirs, dissolved companies and defendants who cannot be located are served by publication under Chapter 49, which adds several weeks but is routine in these cases.
- Default or contest. Most defendants never respond, and I obtain clerk’s defaults against them. When a defendant does contest, the case proceeds through discovery and a non-jury trial before the judge.
- Final judgment. The judgment declares the plaintiff’s title good against the named defendants and is recorded in the county’s official records. Title underwriters can then insure the property.
Timeline and Cost
An uncontested quiet title action in Broward or Miami-Dade usually takes four to eight months from filing to recorded judgment. The variables are how many defendants must be served by publication, how quickly the court sets the final hearing, and whether a defendant appears. A contested case with a genuine competing claim can take a year or more.
Costs include the filing fee, the title search, service of process and publication costs, and attorney’s fees. I quote uncontested tax deed and lien cases on a flat fee where the title search supports it, so that an investor can price the case before buying. Contested matters are billed hourly. The alternative to a quiet title action is often selling the property at a steep discount to a cash buyer who will accept uninsured title, which nearly always costs more than the lawsuit.
Tax Deed Purchases in Broward and Miami-Dade
Broward and Miami-Dade run active online tax deed auctions, and investors who buy at those sales quickly learn that the tax deed alone does not produce a marketable title. Section 65.081 specifically provides for quiet title actions by tax deed holders, and the judgment is what allows the investor to obtain title insurance and resell or refinance at full value. The former owner, mortgage holders and lienholders whose interests were cut off by the tax deed are the usual defendants. Because Section 95.192 gives the former owner a limited window to challenge the tax deed, I recommend filing promptly after the deed is issued rather than waiting for a buyer to surface. I handle these cases for investors buying in Broward, Miami-Dade and Palm Beach, and I coordinate with the title agent so the judgment is drafted in the form the underwriter needs.
Related Title Work
Quiet title actions overlap with several other parts of my practice. When a title problem surfaces during a purchase, the first question is whether the contract gives the buyer time to cure it, which is a closing attorney question. When the dispute is about where a boundary lies or whether an easement is valid, it may be litigated as a property dispute. When co-owners cannot agree, the remedy may be a partition action rather than a quiet title suit. And when an owner’s policy exists, a claim under it may pay for the cure; see my page on title insurance and title defects. For background reading, my articles on what happens when a title search reveals problems and why title insurance matters in Florida explain how these issues surface in a typical transaction.
Frequently Asked Questions
How long does a quiet title action take in Florida?
Uncontested cases in Broward, Miami-Dade and Palm Beach typically take four to eight months. Service by publication on unknown defendants and the court’s hearing calendar are the main variables. Contested cases take longer.
Do I need a quiet title action after buying at a tax deed sale?
In nearly every case, yes, if you intend to sell with title insurance or borrow against the property. Title underwriters will not insure a tax deed title without a judgment extinguishing the prior owner’s and lienholders’ interests, and cash buyers discount heavily for uninsured title.
Can a quiet title action remove a mortgage?
It can remove a mortgage that has been paid but never satisfied of record, a mortgage that is barred by the statute of limitations, or a mortgage that was cut off by a tax deed. It cannot wipe out a valid, enforceable mortgage that the owner still owes. I review the mortgage history before filing so the case targets the right defendants.
What if I don’t know who the other claimants are?
Florida law allows suit against unknown heirs, devisees and claimants, served by publication. The title search and a careful reading of the chain of title identify the categories of unknown parties, and the judgment binds them once publication is complete.
Talk to a Fort Lauderdale Quiet Title Attorney
If a title search has turned up a problem, a tax deed purchase needs to be made marketable, or a buyer has walked away because of a cloud on title, call (954) 536-7557 or use the contact page. I handle quiet title actions in Broward, Miami-Dade and Palm Beach counties, and the consultation is free.