08 May

Quiet Title Actions After A Tax Deed Sale

If you have purchased a property at a tax deed sale that you wish to resell, it is imperative that you have marketable title to the property. In order to obtain marketable title, you may want to file a quiet title action. A quiet title action typically take at least 3 months, but without marketable title, a title company will not issue title insurance on the property. Without having a title company issue title insurance, it will be very difficult, if not impossible to receive fair market value for the property.

After you acquire a property at a tax deed sale, you will need to run a title search on the property to find all of the parties or entitles that have a potential interest in the property. One you have this information; you can proceed to file a quiet title action in the county where the property resides. A copy of the quiet title complaint must be served on all parties having a potential interest in the property. If no party responds to the lawsuit or if no one disputes the quiet title lawsuit, you can proceed to have a Final Judgment entered, which will give you marketable title. However, if someone disputes the quiet title action, you may have to proceed to summary judgment or litigation depending on the issues that are raised.

If the quiet title becomes contested, it could turn into a lengthy legal battle depending on the issues raised by the defendants. One of the most common issues raised when challenging a tax deed sale is that the record owner did not receive prior notice. Prior to purchasing a property at a tax deed auction, you or your attorney should review the notices that were sent to the property owner to see if the comply with applicable statutes and case law. If you find yourself in a contested quiet title action, it is important to have an experienced quiet title attorney handling your case. The DeWitt Law Firm has successfully argued tax deed notice issues before the Florida Supreme Court and has extensive experience handling quiet title actions.