What is a quiet title?
A title is the legal document that defines who owns a property. When there are issues or discrepancies with the title, a quiet title action lawsuit may be needed.
It’s purpose is to “quiet” certain claims to the property and clarify ownership of the title to the property, especially if there are multiple claims to the title, disputes about title ownership, or other issues with the title.
Quiet title actions are often needed in cases like the below:
- Used after a party purchases real property at a tax deed sale
- Following mortgage lender disputes
- The death of real estate title owners
- Cases of adverse possession
- Long periods of time where the property is unoccupied
- Properties bought in foreclosure sales
Tax Deed Sales
A tax deed sale is the sale of property for past due real estate taxes and fees associated with the sale. Each year, real estate taxes are to be paid by a predetermined date to avoid becoming delinquent.
Once delinquent, the Tax Collector holds an auction to pay off the taxes. This auction is referred to as a Tax Certificate Sale (FS 197.432).
A few important things to keep in mind:
- There is a difference between a tax certificate and a tax deed
- Until a sale has taken place, a property owner can redeem a tax certificate
- After a tax deed is issued, however, the property owner must have grounds to rescind the sale in order to get title to the property back
The laws regarding tax deed sales continue to change and there have been amendments to the governing statutes, which is why it is important to consult with an attorney who has experience in this area. Don’t take a chance and lose valuable property that you might have otherwise been able to keep.
Tax Deed Litigation
Tax deed litigation is a specialized area of law dealing with issues that arise when there is a challenge to a tax deed sale.
Common circumstances where legal assistance with a tax deed may be needed:
- If you have lost your property to a tax deed sale, whether you did or did not receive notice of the sale
- If you are looking to purchase a property for investment purposes
- If the property sold is submerged land or is a common element of a subdivision, then homeowners owning property contiguous to the property sold have standing to challenge the sale
As a purchaser of property at tax deed sale, you need to be aware of the grounds to challenge tax deed sales. These grounds increase the risk to investors purchasing property at tax deed sales.
Minimize your risk by working with an attorney prior to making a tax deed purchase.
If you are an individual who has lost your property to a tax deed sale, we can help you determine whether or not you have a basis to file a suit to void the sale.
Call us or book your consultation today.
Our team is ready to help with your legal residential and commercial real estate needs.