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Florida Quiet Title Attorney
When competing claims or defects in the chain of title create uncertainty over property ownership, a quiet title action allows the court to determine the rightful owner and remove invalid or disputed claims from the property’s title. Successfully resolving a quiet title action helps establish a clear, marketable title for future sales, refinancing, or transfers.
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Quiet Title Actions in Florida
Florida law gives property owners a judicial remedy for resolving adverse claims and clearing defects from the public record. These situations typically surface when a deed was improperly executed, a tax deed sale left prior interests unresolved, an owner died without completing probate, or two parties both assert rights to the same parcel. When the recorded chain of title itself can’t settle the question, Florida owners turn to the circuit court for a formal determination of ownership, known as a quiet title action.
What is a Quiet Title Action?
A quiet title action is a legal proceeding used to resolve ownership disputes and remove clouds or defects affecting title to real property in Florida.
Title in this context refers to the legal ownership of real property and the rights that accompany that ownership. Although a deed is the written instrument used to transfer an interest in property, title describes who legally owns the property. Clear title means that ownership is not subject to unresolved claims or defects that could interfere with the owner’s ability to sell, refinance, or obtain title insurance.
A cloud on title is any claim, defect, or irregularity that creates uncertainty about ownership or interferes with the transfer of clear title. When competing claims, errors, or defects cast doubt on who actually holds valid title, a quiet title action allows the court to determine the parties’ interests and resolve the issue so the property can be sold, refinanced, or insured.
When is a Quiet Title Action Necessary?
A quiet title action may be necessary when an ownership claim, recorded instrument, or other defect creates uncertainty about who holds title to a property. Some common situations include:
Tax Deed Properties
Properties acquired through tax deed sales often require quiet title actions to clear prior ownership interests or procedural defects before the title can be insured.
Adverse Possession Claims
Disputes may arise when an individual claims ownership through long-term possession of property under Florida law.
Foreclosure-Related Title Issues
Improperly recorded foreclosure documents, invalid or improperly unreleased liens, or procedural defects may leave clouds on title that must be resolved through a quiet title action.
Boundary or Survey Disputes
Conflicting surveys or inaccurate legal descriptions can result in overlapping ownership claims.
Fraudulent or Defective Deeds
Forged deeds, mistaken identity, abuse of a power of attorney, undue influence, or clerical recording errors may create uncertainty as to valid ownership.
Missing or Unknown Heirs
When prior owners pass away without proper probate, heirs with potential ownership interests may later emerge.
How a Quiet title action works
Each quiet title action is unique, so your individual case may vary. However, a typical quiet title action proceeds as follows:
Step 1: We Evaluate the Case and Review the Chain of Title
Before filing anything, we must conduct a full title search and trace the chain of title for your property. This allows us to determine what is clouding the title, whether it is an old lien, a missing heir, a defective deed, or even a fraudulent deed. It also allows us to confirm who must be named in the quiet title lawsuit. After reviewing the title search, we will confirm that a quiet title action is the right tool for your situation before moving on to Step 2.
Step 2: We File the Complaint and Provide Notice to All Parties
We draft and file a quiet title complaint in the circuit court for the county where the property is located. The complaint identifies the property, your claim to it, and every party with a potential interest in the title. Known parties are formally served. For necessary parties who cannot be located, Florida law allows notice through publication.
Step 3: The Case Proceeds by Default or Becomes Contested
Once served, the named parties have a limited time to respond.
Default: If a party fails to respond within the applicable deadline, the court may enter a default against that party. A final judgment may then be requested from the court.
Defense: If a party responds and disputes your ownership, the case becomes contested and proceeds through discovery and, potentially, a trial, after which a judge will decide the parties’ rights.
Step 4: The Court Enters a Final Judgment
If the court rules in your favor, it enters a final judgment declaring you the rightful owner and extinguishing the adverse claims of the other parties named in the lawsuit. We record that judgment in the county’s official records, clearing the way for you to sell, refinance, or insure the property.
Possible Outcomes
A quiet title action is designed to resolve disputes or uncertainties regarding ownership of real property. While every case is unique, the outcome generally falls into one of the following categories.
Final Judgment Quieting Title
If the plaintiff establishes valid title and no superior competing claim remains, the court enters a final judgment quieting title in the plaintiff’s favor. If another party instead proves a superior interest, the court may determine that the plaintiff does not hold valid title to all or part of the property, and ownership may be awarded to that claimant based on the evidence presented. Once recorded in the county’s public records, the judgment becomes part of the property’s title history and reflects the ownership determined by the court.
A final judgment may be entered after a contested proceeding or, in some cases, after a properly served defendant fails to respond. Florida Statute § 65.061 provides that when a default is entered under that section, the court may enter judgment without requiring additional evidence. Florida law also permits service by publication in quiet title actions when the applicable statutory requirements, including diligent search and inquiry, have been satisfied.See Fla. Stat. §§ 49.011 and 49.041.
Negotiated Resolution
A quiet title dispute may be resolved without a trial if a claimant agrees to release the disputed interest, execute a quitclaim deed, correct a defective instrument, or otherwise settle the claim. If the settlement fully resolves each interest creating the cloud on title, the parties may be able to conclude the action without requiring the court to determine the underlying ownership dispute.
Dismissal or Unresolved Title Issues
A quiet title action may be dismissed if the plaintiff cannot establish a legal or equitable interest in the property, fails to state a legally sufficient claim, or does not comply with applicable procedural requirements. Failure to identify or properly serve an interested party may also delay the case or prevent the resulting judgment from fully resolving that party’s claimed interest in the property.
Florida Law on Quiet Title Actions
Governing Florida Statutes
Quiet title actions in Florida are governed by Chapter 65 of the Florida Statutes, titled “Quieting Title.” Section 65.011 authorizes the court to determine the plaintiff’s title against adverse claimants and to enter a judgment quieting title and awarding possession to the party entitled to it. Section 65.021 separately authorizes the court to determine adverse legal or equitable interests or claims and to quiet or remove clouds from title.
A plaintiff proceeding under § 65.061, Florida Statutes, must generally trace, or “deraign,” title from its original source or for a period of at least seven years before filing the complaint. The statute provides exceptions when the court directs otherwise or when the plaintiff and defendant claim title from a common source.
Tax deed purchasers are subject to a different requirement under § 65.081, Florida Statutes. When a quiet title action is based on a tax deed, the complaint does not need to trace title beyond the issuance of the tax deed itself.
In 2023, the Florida Legislature enacted § 65.091, Florida Statutes, which provides an expedited procedure for quiet title actions based on an alleged fraudulent attempted conveyance. A plaintiff bringing such an action is entitled to summary procedure under § 51.011, Florida Statutes, and the court must advance the case on its calendar. If the court determines that an attempt was made to fraudulently convey the property away from a plaintiff who previously held legal title, § 65.091 requires the court to quiet title in the plaintiff and restore the same title and rights the plaintiff held before the attempted conveyance.
Which Courts Handles a Quiet Title Action?
Quiet title actions are filed in the Florida Circuit Court in which the property located, regardless of where the parties may reside. 65.061 permits the Complaint to be filed in any county where at least part of the land is situated.
Why Choose Dutton & Salta for Your Quiet Title Case
At Dutton & Salta, quiet title actions are a core part of our real estate litigation practice. We have represented homeowners, heirs, investors, and businesses throughout Florida in quiet title actions, whether clearing title after a tax deed sale, fighting a fraudulent deed, or removing a cloud on title before a sale or refinance. Because every case involves a different title defect, we take the time to review the full ownership and title history and pursue the resolution that best protects your interests, whether that means a negotiated resolution, a default judgment, or trial.
Quiet title actions require an in-depth review of the property’s ownership and title history, and can involve competing claims, defective instruments, or liens that complicate an otherwise straightforward transaction. Our experience with these issues, combined with clear communication and practical guidance, helps clients resolve title defects efficiently and move forward with confidence toward a clear, marketable title.
Robert Salta, founding partner, is admitted to the Florida Bar (Bar No. 1022665) and has practiced law in Florida since 2020. He is a member of the Hillsborough County Bar Association and its Real Property, Probate & Trust Law Section.
Corrie Dutton, founding partner, is admitted to the Florida Bar (Bar No. 1032315) and has practiced law since 2019, licensed in Florida since 2021. She is also a member of the Hillsborough County Bar Association and its Real Property, Probate & Trust Law Section.
Areas We Serve
Dutton & Salta represents clients in real estate, probate, and property disputes throughout all 67 counties in Florida.
- Hillsborough County
- Orange County
- Pinellas County
- Manatee County
- Pasco County
- Sarasota County
- Polk County
- Miami-Dade County
Don’t see your county listed? We represent clients across the entire state of Florida. Contact us to discuss your case.
Frequently Asked Questions
How long does it usually take to complete a quiet title action in Florida?
An uncontested quiet title action may be resolved within approximately three to six months, while a contested case may take six to twelve months or significantly longer, depending on the complexity of the case and the number of defendants involved.
Is it possible to file a quiet title action without hiring an attorney?
Yes, but handling the case without legal representation can create significant risks. Every person or entity that may claim an interest in the property must be properly identified and served or notified through publication when permitted. If a necessary party is omitted or notice is defective, the resulting judgment may remain vulnerable to a later challenge.
Will I need a quiet title action after purchasing property at a tax deed sale?
In many cases, yes. A title insurance company may be unwilling to insure property acquired through a tax deed sale until a quiet title judgment has resolved any remaining claims held by the former owner or other interested parties. Whether an action is necessary will depend on the title history and the insurer’s requirements.
What Should I Do If There Is A Fraudulent Deed On My Property?
If a fraudulent deed appears in your property’s chain of title, it is important to act quickly to protect your ownership and investment. Prompt legal action may be necessary to challenge the invalid deed, prevent further transfers, and restore clear title. A Florida real estate attorney can evaluate the situation, take steps to stop additional harm, and pursue a quiet title action or related remedies when appropriate.
Can I sell the property before the quiet title action is finished?
Selling the property while the case is pending is usually difficult. The lawsuit and any recorded lis pendens may appear in a title search, causing most buyers, lenders, and title companies to delay closing until the court enters a final judgment. Once the judgment is entered and recorded, the property may generally be sold without waiting for an additional period.
What occurs when another party challenges my quiet title claim?
When a named party files a response disputing the plaintiff’s claim, the matter becomes contested civil litigation. The parties may exchange documents, testimony, and other evidence through discovery. If they cannot resolve the dispute through settlement or another agreement, the court will determine the parties’ rights, potentially following a trial.
What does a lis pendens mean in a quiet title case?
A lis pendens is a notice recorded in the public records stating that a lawsuit affecting the property is pending. It is commonly recorded when the complaint is filed so that prospective buyers, lenders, title companies, and others reviewing the property’s title are informed that an active dispute may affect ownership.
How much does a quiet title action cost in Florida?
The cost of a quiet title action depends on the complexity of the title search, the number of parties who must be identified and served, and whether the case is contested. A straightforward, uncontested action will generally cost less than a case involving multiple defendants, publication, discovery, or disputed ownership claims. An attorney can review the title issue and provide a clearer estimate after evaluating the property’s history and the parties involved.
Does a quiet title action remove mortgages or other liens on the property?
Not automatically. A quiet title action resolves competing claims to ownership, but a valid mortgage, judgment lien, or other legal interest is a separate matter from ownership and is not eliminated just because the court quiets title in your favor. If a lien holder was named in the action and the lien was found invalid, unenforceable, or barred (for example, by the statute of limitations), the court may extinguish it as part of the judgment. But a valid, enforceable lien will typically remain on the property until it is satisfied, released, or resolved through a separate process. Before filing, it’s important to identify any liens or encumbrances affecting the property so we can address them as part of your case where possible.
Sources: Chapter 65, Florida Statutes — Quieting Title, § 65.011, Florida Statutes — Real Estate; Certain Jurisdiction Over, § 65.021, Florida Statutes — Real Estate; Removing Clouds, § 65.061, Florida Statutes — Quieting Title; Additional Remedy, § 65.081, Florida Statutes — Tax Titles; Quieting Title, § 65.091, Florida Statutes — Quieting Title; Fraudulent Conveyances.
Robert Salta, Florida Bar No. 1022665
Last Reviewed: 08/12/26