Why do I need a Quiet Title action?
The buyer of a tax deed property cannot obtain title insurance bought at a tax deed sale until a Quiet Title action is performed. In a standard Florida Real Estate transaction, the buyer will insist upon title insurance in order to insure the title to the property for the amount of the purchase price. Likewise, if the successful bidder of a tax deed property wants to refinance the property, the lender will require title insurance to insure title for the Mortgage.
How long does a Quiet Title action take?
Once all Defendants have been served with the action, they each have 20
days to file a response from the date they are served. If no responses are
served, they will be Defaulted and a Motion for Final Judgment after
Default will be submitted to the Judge. The amount of time this process
takes depends upon the location of the Defendants and how difficult they
are to find. When all Defendants are easily located, our firm averages *under
60 days* from date of filing to entry of Final Judgment on uncontested
Quiet Title actions. If a Defendant cannot be located, they can be served
through publication in a newspaper of general circulation for 4 consecutive
weeks, which adds 1 month of time and approximately $125 to $300 for the
Do I have to complete the Quiet Title action before selling or refinancing the property?
Typically, yes. However, TitleMark has a unique program offered to tax deed purchasers that allows them to immediately sell or refinance the property and obtain title insurance within thirty days or less of purchasing the property. In order to qualify for this program, a preliminary review of the tax deed sale would have to be performed.
What is the cost of a Quiet Title action?
The standard attorney fee for an uncontested Quite Title Action is $1500,
plus the court costs, service of process, publication and other costs
related to the lawsuit. Typically the filing fee is $400-$450, the title
search is $150, the cost of publication can range anywhere from $125 to $400,
and service of process on each of the defendants varies. If one of the
defendants is deceased, it may be necessary to appoint an Guardian Ad
Litem, which may cost an additional $500. A precise estimate of the cost
for any particular Quiet Title action can be determined after a title
search and examination of your property, which can be done for $250, $175
of which will be included in the attorney fee for handling the Quiet Title
case. We accept debit and credit cards.
What will be needed in order to proceed with a Quiet Title action?
We would need to have a copy of the Clerk's Deed that was issued pursuant
to the tax deed sale, as well as a copy of the Clerk's Certificate which is
usually filed in the public records shortly after the tax deed sale. We
would also need the property address, name and contact information for the
buyer and a retainer of $1000. The retainer would be applied toward the
initial Court costs. At the time the Quiet Title lawsuit is ready to be
filed, the balance of any fees and costs would then be due. In the event
that the buyer elects to do a post-closing Quiet Title action, all
attorney's fees and costs would be collected out of the either the sale or
refinance of the property.
Will my appearance be required at any Court hearing?
Typically, there is no necessity for the buyer having to appear at any Court hearing. The buyer will have to sign an Affidavit that will be submitted in connection with the Quiet Title action, but those can be provided by mail.
Is there a way to obtain information on scheduled tax deed sales in Florida?
In each county in the State of Florida, the Clerk of Court performs the tax deed sales for that county. Many of these counties have county government web pages which provide a lot of helpful information, as well as an itemization of the properties expected to be auctioned. There is a listing of the websites under our Tax Deed Clerk of Court link.