South Florida Real Estate Disputes: Quiet Title Actions And Lis Pendens
If you own property in South Florida, title defects, competing claims, and other legal issues can have a significant impact on your rights. They may even undermine your ability to sell, refinance, or develop your property.
If you are dealing with a disputed deed, a clouded title, or a notice filed against your property, our experienced Boca Raton real estate litigation lawyer is here to help. Find out more about these issues and how to take action before the situation becomes more costly to resolve.
When South Florida Quiet Title Actions Apply
Under Chapter 65 of the Florida Statutes, a “quiet title” is a common type of legal proceeding that establishes ownership, removes competing claims from the public record, and determines who holds a valid title to real property in South Florida.
However, there’s an important requirement: Under Section 65.061(3) of the Florida Statutes, the plaintiff’s claim to title must generally be established for at least seven years prior to filing a lawsuit, unless the court orders otherwise.
Situations in which quiet title actions in South Florida are commonly used include:
- In conflicting deeds or disputed inheritance claims.
- When there are errors or omissions in public property records.
- If unresolved liens or encumbrances affect ownership.
- If there are boundary disputes or unclear easements.
- In cases of tax deed or foreclosure-related title issues.
- When property transfers are improperly recorded or executed.
These cases require a careful review of title history and, in most situations, formal court proceedings to resolve the dispute and clear the record.
How a Lis Pendens Affects Your South Florida Property
A lis pendens, which is Latin for “pending lawsuit”, is a notice that’s recorded in the public records. Under Section 48.23 of the Florida Statutes, once filed, it alerts buyers, lenders, or others that there’s active litigation. It does not decide ownership, but it can have immediate, real-world consequences. These include:
- It can prevent or complicate the sale or transfer of the property.
- Lenders may refuse to refinance until the notice is removed.
- Title insurance companies may decline to issue coverage.
- Developers and investors may face delays in planned projects.
- A lis pendens is generally valid for up to one year under Florida law, unless extended by the court for good cause.
A lis pendens can be challenged. Florida courts have the authority to dissolve an improperly filed lis pendens, which can expose the filing party to damages.
Contact Our Experienced Boca Raton Real Estate Litigation Lawyers
Quiet title actions and lis pendens disputes can impact your rights to property in South Florida. Whether trying to clear a title defect, challenge a notice filed against your property, or defend your ownership rights, Neuman Law, P.A. provides the trusted legal guidance you need.
Contact us today to request a consultation with our experienced Boca Raton real estate litigation lawyer. We represent property owners, investors, and developers across Boca Raton, Palm Beach County, Martin County, Broward County, Miami-Dade County, Monroe County, and Hillsborough County.
Sources:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0065/0065.html
flsenate.gov/Laws/Statutes/2015/48.23