A successful quiet title action hinges on the process and procedures implemented by your Quiet Title attorney. Depending upon who you hire, this process can take a few months or it can take as long as a year. While there are many steps involved in the process, below is a general overview of how to be successful in quiet title action.
How to Be Successful In Quiet Title Action
Step 1: Consultation
Arrange a consult and discuss the particulars of your case with an attorney knowledgeable in quiet title actions. It’s important to note that if you choose an attorney who dabbles in quiet title work, the process is likely going to take much longer.
At Wilkes & Mee, we’ve made quiet titles our specialty, ensuring that your matter is handled quickly. Our attorneys are also real estate investors so they understand first hand that delays equal lost money and a lower ROI for you.
At Wilkes & Mee, we’ve made quiet titles our specialty, ensuring that your matter is handled quickly. Our attorneys are also real estate investors so they understand first hand that delays equal lost money and a lower ROI for you.
How to Be Successful In Quiet Title Action
Step 2: Documentation
Provide your attorney with any documentation that is requested. For example, a copy of the tax deed, any deeds transferring the property from you to one of your entities or vice versa, or VIN numbers from mobile homes on the property are needed to make your quiet title action successful.
How to Be Successful in Quiet Title Action
Step 3: Complaint
Your attorney will prepare a complaint for quiet title that will be filed with the court and served on all interested parties. Interested parties are lienholders or those who may have had legal ownership of the property in the past. A process server is obtained for serving each defendant.
Should the defendant not be able to be found, the attorney will file this information with the court and seek permission to serve unfound defendants by publication. Essentially, the defendant will get notice of the lawsuit via publication in a legal newspaper for 30 days. This step is essential as it is required by law.
The defendants then have 30 days from the date of first publication to respond to the complaint. If there is no response, the court may enter a default against the defendants, meaning they will have no more ability to defend the Quiet Title Action after that point.
Should the defendant not be able to be found, the attorney will file this information with the court and seek permission to serve unfound defendants by publication. Essentially, the defendant will get notice of the lawsuit via publication in a legal newspaper for 30 days. This step is essential as it is required by law.
The defendants then have 30 days from the date of first publication to respond to the complaint. If there is no response, the court may enter a default against the defendants, meaning they will have no more ability to defend the Quiet Title Action after that point.
How to Be Successful In Quiet Title Action
Step 4: Determine Heirs
Sometimes, a party required to be named is deceased. In this case, the court requires an attorney ad litem (AAL) to be appointed to the case. The AAL’s main responsibility is to determine the heirs and inform them of the lawsuit. If the heirs are not contacted, they could eventually bring a claim against the property, costing you a lot of time and money.
The process of searching for all possible heirs may, in itself, take a few months. If the AAL identifies additional heirs, then your attorney should amend the complaint to add these heirs. They are then served either personally or by publication.
The process of searching for all possible heirs may, in itself, take a few months. If the AAL identifies additional heirs, then your attorney should amend the complaint to add these heirs. They are then served either personally or by publication.
How to Be Successful in Quiet Title Action
Step 5: Final Hearing
After all parties are served and had time to respond, the final hearing can be scheduled. The scheduling of the final hearing is largely dependent on the court’s calendar. Sometimes hearings are scheduled in as little as a few weeks. Other times the first available hearing date is 3-4 months away. For this reason, it is advisable to not wait to begin your quiet title action.
How to Be Successful in Quiet Title Action
Step 6: Final Judgment
After the hearing, your attorney will submit for the judge’s signature a final judgment quieting title. Once signed the final judgment is docketed and sent to the clerk for recording. Your attorney should send you a copy of the recorded final judgment for your records.
If you are seeking a Quiet Title Action, call Wilkes & Mee today. Our Florida Quiet Title attorneys act fast through each step of the process.