First, I want to say thank you to all the hard work and dedication that Jorge Santana has done for me and my children. He truly went above and beyond to make sure that I was involved in every step of this rough journey and tried to make things uncomplicated for me when I didn’t understand the reasoning’s behind the actions. Mr. Santana has showed me that not all lawyers are in this occupation for ...

Quiet Title Actions

Assistance from Our Fort Myers Real Estate Lawyer

If you have purchased a property through a tax sale, the next step is to file an action to "quiet title." The new owner may have title to the property, but would not be able to sell the property free and clear of all other liens or encumbrances without a court order of quiet title. This is a process by which the court can extinguish or wipe out any and all other claims of liens upon the property.

This is absolutely necessary in order to sell the land to someone getting a loan to buy it. Without clean title, a title insurance policy would not be issued by any title company. And without a title insurance policy, no lender will lend the borrower any money to buy the property. A cash deal to someone who doesn't care about getting title insurance would be the only way to sell the property.

Quiet Title Actions in Foreclosures and Tax Sales

If you have purchased a property at a tax sale, and require assistance with filing an action to quiet title, the Fort Myers real estate attorney at Your Advocates can help. For a reasonable fee, an action to quiet title can be filed and completed to judgment within 60 days or less. Another instance in which a quiet title action may be necessary is in the midst of a foreclosure action. There are properties that are in foreclosure which, when a title search is done by the bank foreclosing on the property, are found to have a cloud on the title.

This means that some deed, mortgage or other instrument in the chain of title contained a defect. When that is discovered, an action to quiet title is required as a count within the foreclosure complaint. If you have been served as a defendant in a foreclosure on a property you used to own, it may very well be because there was a defect in the title at some point in the past, and you are being included as a courtesy, or as a way to make sure that the bank can eventually get clean title when they finish the foreclosure. That way, they can sell the property to a new buyer with clean title.

If you have any questions or need assistance in a case involving quiet title, please contact us today for more information.

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