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
contact us today for more information.