Question 1

How do title curative actions work in Florida specifically?

Accepted Answer

FL specifics: quiet title (Chapter 65: the plaintiff files a complaint naming all persons who may have an interest; the court enters a judgment declaring the plaintiff’s title free and clear), marketable title act (Chapter 712: a root of title recorded for 30+ years extinguishes most prior claims; exceptions: recorded interests within 30 years, interests of the US or FL, and easements in use), and curative statutes (various FL statutes cure specific defects: Section 689.07 cures defective acknowledgments after 5 years, Section 689.04 validates certain defective conveyances). The attorney: determines the appropriate method based on the specific defect.

Question 2

When is a quiet title action necessary in Florida?

Accepted Answer

Necessary: when the defect cannot be cured by a simple corrective instrument (the defect involves: competing ownership claims, unknown or missing parties, boundary disputes, or adverse possession claims), when the title company refuses to insure without a court order (the defect is too significant for an affidavit or corrective deed), and when there are multiple claimants (the court must determine who has superior title). Common situations: tax deed purchases (the tax deed buyer files quiet title to clear all prior interests), probate issues (missing heirs or disputed estates), and boundary disputes (overlapping surveys or unclear boundaries).

Question 3

What is the process for a Florida quiet title action?

Accepted Answer

Process: the attorney files a complaint (Chapter 65: naming all known and unknown persons who may claim an interest), service of process (defendants are served personally or by publication if they cannot be located), defendants file answers (they can contest the plaintiff’s claim), discovery and hearing (the court examines the evidence and determines ownership), the court enters a final judgment (declaring the plaintiff’s title free and clear), and the judgment is recorded (in the official records of the county). The recorded judgment: becomes part of the chain of title and clears the defect.

Title Curative Action: in Florida

Florida Title Curative Actions

FL Methods

When Necessary

Process

Related Terms

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