Florida Quiet Title Action

What do Florida residents do when there is a real estate dispute over title? A March 12, 2021 2nd DCA opinion reminds us what a Florida Quiet Title Action is and what you need to prove. We have previously commented on Florida Homestead Litigation . Now, let’s talk about Florida Deeds that are confusing or contradictory. (For a FREE VIDEO on Florida Real Estate Litigation and the related issue of lis pendens, CLICK HERE.)

Multiple Florida Deeds

What do you do when there are multiple Florida Deeds? Well, first, ask yourself: will a Title Company issue a title policy? Many good Florida Real Estate Litigators consult with title companies to see if they would issue a policy. When Florida real estate is going to be sold, most buyers want a title policy. Insurance that supports what the buyer is buying is real. That the seller owns what she is claiming to own–and sell. And if the buyer is borrowing money to fund the purchase, most lenders absolutely require insurance on the title. A title policy. “Many times, we get calls from sellers who want to sell but have a title issue” says Palm Beach litigation attorney John Pankauski. “We have filed a number of quiet title or ‘dec’ actions recently.” Pankauski and his team of expert litigators often litigate over Florida Homestead and estates, but also quiet title actions and Florida deeds. Pankauski also recommends reading two Florida Chapters or sets of Statutes. He suggests reading Chapter 689 which deals with Conveyances. Also, consider reading Chapter 692 if a corporation or LLC is involved.

Quiet Title Actions in Probates & Estates

Many times, there is a cloud on the title to Florida real estate which must be resolved in the probate. “One problem we see repeatedly” continues Pankauski “is where the deed is signed by a trustee or a corporation. And they don’t own the real estate. Or, someone signs the deed without the correct title or signature.” Pankauski says that sometimes deeds can be reformed to correct mistakes. And, since the reading of deeds is typically a “pure question of law”, it’s possible to win your case without a trial. For a recent Florida Quiet Title action case, consider reading George Anderson Training and Consulting, Inc. v Miller Bey Paralegal & Financing LLC. This is an appeals court opinion from the 2nd District Court of Appeal. It tells you what the elements are for a Florida Quiet Title Action or lawsuit. And, Pankauski suggests, there are Florida appellate opinions to reform a deed. They also tell you how to sign a deed if there is a trut involved.