Lawsuits involving quitclaim deeds are more common than most people think, as quitclaim deeds are one of the most common methods for transferring real estate in Florida. This is because many quitclaim deeds are used to transfer property between family members. The person who signs a quitclaim deed (called the “grantor”) gives the “grantee” any interest in the subject property that the “grantor” may have. Because of this, a large number of lawsuits are based on this type of deed. Read on to learn about the most common types of lawsuits involving quitclaim deeds in Florida.
The 3 Most Common Types of Lawsuits Involving Quitclaim Deeds in Florida
Most real estate lawsuits involving quitclaim deeds filed in the State of Florida can be classified into three types. These are:
Quiet Title
In Florida, a buyer needs to get “clear title” to a piece of real estate before they can purchase an insurable fee simple interest or full title. This means that there are no liens, mortgages, or other claims against the property’s ownership.
If a property does not have a clear title, the only way to determine who owns it is to file a lawsuit. This determination of title is made in the form of an official written order that ends the dispute and “quiets the title,” or establishes who owns the property.
Quiet title lawsuits are filed in the county where the property is located, and they must name as defendants everyone who might have an interest in the property. It does not matter if the individuals who are being sued do not care about their interest in the property. A party must be a part of a quiet title lawsuit if they have a legal claim or interest.
In these lawsuits, the court makes a formal written decision about who owns the property. This document is called a “Judgment,” and it says who owns the property and forbids the people who were sued from claiming it in the future.
Deed Reformation
In Florida, “reformation” is a remedy that a court can order on behalf of the person who wants to clear title to real estate.
A deed reformation lawsuit is used to fix a mistake in the chain of title that was made in a quitclaim deed. This lawsuit is meant to fix an erroneous or defective deed so that it shows the real terms of the deal between the individuals who signed the deed.
Partition
When a quitclaim deed determines who owns a piece of real estate, it is usually necessary to file a lawsuit to separate the interests of the property’s owners.
In a partition lawsuit, a court forces the sale of the property and divides the money from the sale among the owners based on how much of the property each of them owns.
Partition lawsuits in Florida are typically filed when a marriage or business partnership ends or when family members inherit a home and cannot agree on what to do with it.
Do You Have a Problem with a Quitclaim Deed?
If you have a problem with a quitclaim deed, you should talk to an experienced Florida real estate lawyer to find out if you will need to file a lawsuit to clear the title. Work with the right lawyer: Romy B. Jurado Esq. Contact Romy today by calling (305) 921-0976 or emailing [email protected]. She will help you resolve your issue and make sure you do not get any headaches as you navigate the process of filing a lawsuit.
