Question 1

What is the standard for a quiet title action in Florida?

Accepted Answer

Standard: the plaintiff must establish: a valid interest in the property (through the chain of title, deed, or other legal basis), the existence of a cloud on the title (an adverse claim, lien, or encumbrance that, if valid, would impair the plaintiff’s interest), and a right to have the cloud removed (the adverse claim is invalid, expired, or unenforceable). Standard of proof: preponderance of the evidence (for most quiet title claims). Higher standard: clear and convincing evidence may be required for claims involving fraud, adverse possession, or reformation of documents.

Question 2

What is "marketable title" in Florida quiet title actions?

Accepted Answer

Marketable title: the goal of a quiet title action is to establish "marketable title" (title that: a reasonably prudent buyer would accept, a title insurance company would insure, and is free from reasonable doubt about its validity). The Marketable Record Title Act (Section 712.01): provides that an owner who has an unbroken chain of title for 30 years has marketable title, subject to: interests preserved by recorded notices, interests of persons in possession, and specific statutory exceptions.

Question 3

How does the Marketable Record Title Act affect Florida quiet title actions?

Accepted Answer

MRTA effect: MRTA can: extinguish old claims and interests that are more than 30 years old (if they have not been preserved by a recorded notice), simplify the chain of title (the court only needs to examine the last 30 years), and support a quiet title action (the plaintiff can use MRTA to eliminate ancient adverse claims). However: MRTA does not extinguish: interests of persons in possession, interests in a recorded instrument within the 30-year chain, and interests protected by specific exceptions.

Quiet Title Action Standard

Quiet Title Action Standards in Florida

Standard of Proof

Marketable Title

MRTA

Related Terms

Barnes Walker Real Estate

Ready to Get Started?