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Understanding a Quiet Title Action A quiet title action occurs when one property claimant challenges one or more other people in a court of law for the purpose of determining who is the rightful legal owner of the property in question.
To start a case, you must file a complaint with the court. In that complaint, you can ask for an eviction order. You must file your complaint no more than 60 days after the end date listed in your notice to the tenant. You will be the plaintiff and the tenant will be the defendant.
If tenants are refusing to vacate, you must apply to the NSW Civil and Administrative Tribunal for a possession order within 30 days of the 'date to vacate' specified in your termination notice. The Tribunal will then make a decision, based on the evidence you and the tenant present at the hearing.
Clouds on the title are resolved by initiating a quitclaim deed, which releases a person's interest in a property without stating the nature of the person's interests. Any property that has liens or is under foreclosure is unattractive to potential buyers because they create a cloud on the title.
If the parties are easily found the action can be complete within sixty days. However, if service through newspaper is required, this can add an additional month.
When two or more persons have adverse claims to the same property, any of them may file a quiet title action. The purpose of the quiet title action is to eliminate an adverse claim to a legal interest in the property and to establish, perfect, or quiet the title in the property in one or more of the claimants.
A lawsuit for quiet title must be brought in local Superior Court. To begin the lawsuit, the plaintiff (the lender or homeowner) files a complaint with the court followed by a Notice of Pendency of Action (a Lis Pendens) that is recorded with the county recorder and filed with the court.
The costs involved in filing a quiet title action in Florida include such things as the Court required case filing fee which ranges between $300 and $450, depending on the county in which the case is filed. There are also title search charges of approximately $125 and Publication charges of approximately $150.
Second, you need to petition the civil court for quiet title. Your petition needs to include a legal description of the property (address and parcel number), the adverse claims against plaintiff's title (such as an easement), and a request for granting quiet title.