![]() In these lawsuits, the court enters a formal written Judgment that decides ownership of the property that prevents the parties being sued from making any subsequent claim to the property. If a party has any legal claim or interest, then they need to be a party to a quiet title lawsuit. It does not matter if the parties being sued do not care about having an interest in the real estate. Quiet title lawsuits are filed in the county where the land is located and they need to include as defendants any and all parties that may have an interest in the property. This determination of title comes in the form of an official written order that is recorded in the real estate records, which cleans up the controversy and “quiets the title”, or establishes a party’s title to the real estate. If a property does not have clear title, then the only option may be to file a lawsuit in the civil court where the property is located, seeking a judge’s determination of title. This means that the real estate records do not have any clouds on the title for things like liens, mortgages, or any other interest that creates an adverse claim of an ownership interest in the real estate. They are:įor a buyer to purchase an insurable fee simple interest (or full title) to real estate in Florida, he or she needs to receive “clear title” to the property. In Florida, real estate lawsuits involving quitclaim deeds usually boil down to 3 kinds of lawsuits. Furthermore, a grantor in a quitclaim deed does not give any warranties or covenants of title to the grantee, which is why these deeds are sometimes the basis for nefarious transactions.Ī Florida “quitclaim deed” only conveys that interest in a property held by the grantor at the time of the conveyance. ![]() The grantor is simply passing or releasing any interest he or she may have in the property to the grantee. ![]() Under the law in Florida, the grantor of a quitclaim deed does not claim that the title being transferred is legally valid. Centuries-old handwritten deeds going back to Spanish land grants are a part of the chain of title in Florida title records. ![]()
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