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How To File For Quiet Title

To file a quiet title action, one must submit several documents to the county court with jurisdiction over the property, including a civil cover sheet, summons, lis pendens, and complaint. These documents provide notice of the pending legal case regarding the property. Once filed, the clerk will assign a case number and copies must be served to the defendant. If the defendant does not respond within 20 days, a motion for default judgment can be filed. If granted, the judge will sign an order quieting title, which when recorded makes the plaintiff's title free and clear. However, a quiet title judgment is not definitive and parties can later challenge it, so proper service of process is important.

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2K views2 pages

How To File For Quiet Title

To file a quiet title action, one must submit several documents to the county court with jurisdiction over the property, including a civil cover sheet, summons, lis pendens, and complaint. These documents provide notice of the pending legal case regarding the property. Once filed, the clerk will assign a case number and copies must be served to the defendant. If the defendant does not respond within 20 days, a motion for default judgment can be filed. If granted, the judge will sign an order quieting title, which when recorded makes the plaintiff's title free and clear. However, a quiet title judgment is not definitive and parties can later challenge it, so proper service of process is important.

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Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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How to File for Quiet Title

This information is for a general quiet title action. Some states may use slightly
different procedures; therefore its important to check your state law concerning
quiet title action.
To file a quiet title action, you will need the following documents:
1) Civil Cover sheet
2) Summons
3) Lis Pendens
4) Complaint
5) Exhibit-: Cop! o" the #arrant! $eed
%) Exhibit-&: 'es(ission letter or (ourt order i" appli(able
Cover Sheet
)he Civil Cover Sheet "orm is "iled b! the plainti"" or petitioner "or the use o" the Cler* o" Court
"or the purpose o" reportin+ ,udi(ial -or*load data pursuant to .lorida Statute se(tion 25/015/
Summons
)his do(ument is +iven to the sheri"" or pro(ess server to be served on the de"endant/ 2" there is
more than one de"endant3 additional (opies -ill be needed/
Lis Pendens
)he Lis Pendens serves to put the publi( on noti(e that a (ase is pendin+ (on(ernin+ a spe(i"i(
propert!/
Complaint
)he (omplaint should have a st!le (ase and si+nature blo(* in (omplian(e -ith .lorida "ilin+
+uidelines/ )he sample (omplaint (omplies -ith the +uideline/
4n(e the pa(*a+e o" do(uments is read!3 ta*e them to the "ilin+ o""i(e at the (ount! Court that
has ,urisdi(tion over !our propert!/ )he "ilin+ "ee ma! be a sho(* based on the value o" the
propert!/ 2" !ou don5t have the mone!3 !ou (an "ile "or indi+ent status b! "ilin+ the proper "orm/
6our (ount! (ler* (an +ive !ou the "orm/ 4n(e !our (ase has been "iled3 the (ler* -ill assi+n a
(ase number and return to !ou (opies o" the summons3 Lis Pendens and the (omplaint/
6ou need to ta*e them to the sheri"" o""i(e "or pro(ess servi(e or (hoose a private pro(ess server
(ompan!/ 2t is possible the summons (annot be served be(ause the (ompan! is out o" the
business/ 2" that5s the (ase3 noti(e should be published in the lo(al la- ,ournal/ Che(* -ith the
(ler* "or a list o" a((eptable publi(ation/
4n(e the summons is served:
)he plainti"" has 20 da!s to ans-er !our (omplaint/
2" the plainti"" does not ans-er -ithin that time "rame3 "ile a 7otion "or $e"ault/
#hen a de"ault is entered3 "ile a 7otion "or $e"ault 8ud+ment/
.ile an a""idavit in support o" 7otion "or $e"ault 8ud+ment/
S(hedule a hearin+ -ith the ,udi(ial assistan(e a"ter 20 da!s to have !our motion "or
de"ault ,ud+ment heard/ 'emember to brin+ a (ourt reporter alon+/
Prepare and brin+ -ith !ou a proposed order "or .inal $e"ault 8ud+ment 9uietin+ )itle/
2" !our motion is +ranted3 hand over the proposed order to the ,ud+e to si+n/
4n(e the ,ud+e si+ned the order3 !ou -ill re(eive a (op! b! mail/
)he (ler* -ill be ordered to re(ord the ,ud+ment in the publi( re(ord/
6ou:re done; 6ou have <uieted !our title/ En,o! !our propert! "ree and (lear/
.or additional prote(tion !ou ma! -ant to put the title under a livin+ trust out o" !our name or
re(ord a ne- mort+a+e/
9uiet title is not a silver bullet= it is ,ust another tool to prote(t !our propert!/ n! part! (an
(ome later and tr! to va(ate !our <uiet title ,ud+ment/ .or that reason3 !ou need to ma*e sure that
!ou do it ri+ht/ 2" a part! -ho is entitled to servi(e o" pro(ess is not served3 the ,ud+ment -ill
most li*el! be va(ated/ Proper servi(e o" pro(ess is extremel! important/ $o not ta*e it li+htl!/
#ith the passin+ o" time3 the <uiet title ,ud+ment be(omes stron+er/
6ou (an "ind a Sample 9uiet )itle Pleadin+ .ormat Case at: http:>>---/"raudstoppers/or+>-p-
(ontent>uploads>Sample-9uite-)itle-Pleadin+-.ormat/pd"

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