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?
The typical Quiet Title action will take three to six months.
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 is $1,200, plus the Court costs, service of process, publication and other costs related to the lawsuit. Typically the filing fee is $260.00,
the title search is $75, the cost of publication can range anywhere from $125 to $300, 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 $250 - $450. 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 Mastercard and Visa.
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 $750. 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.
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