Quiet Title Actions in Miami

Arturo R. Alfonso P.A. helps Miami-Dade property owners clear title problems, including, when a problem cannot be fixed by agreement, a lawsuit to quiet title under Chapter 65, Florida Statutes, in English and Spanish. This page explains how the firm handles a quiet title matter, stage by stage, and the documents and deadlines involved.

For the kinds of defects that cloud a title and the paperwork fixes that often cure them, see What are common title defects and how are they fixed? This page picks up where that one leaves off: what happens when the paperwork fix is not available.

Stage 1: Reviewing the Chain of Title

Every matter starts with the records. We pull the deeds, mortgages, liens, judgments, and probate filings recorded against the property in the Official Records of the Miami-Dade Clerk of the Court and Comptroller, and compare them with your title commitment or title search if you have one. The goal is to name the defect precisely: who holds the competing claim, which recorded instrument creates it, and whether that person or company can still be reached.

That review matters later, because Section 65.061(3) requires the complaint to trace the plaintiff’s title from its original source or for at least 7 years before filing, unless the court directs otherwise, and to cite the book and page of each recorded instrument that affects the title. If you hold an owner’s title insurance policy, we also check whether the claim may be one the policy covers, so the insurer can be notified under the policy’s terms.

Stage 2: Trying to Cure Without a Lawsuit

A lawsuit is not the first step. If the holder of a stray interest can be found and will cooperate, a corrective deed, a recorded release or satisfaction, or a quitclaim deed from that person may clear the record faster and at lower cost (see what a quitclaim deed is and when to use one). We contact the other side, explain what document is needed, and record it once it is signed. A quiet title action is the route when the claimant refuses, has died or dissolved, or cannot be located.

Stage 3: Filing the Case in the Eleventh Judicial Circuit

Under Section 26.012(2)(g), the circuit court has jurisdiction over actions involving the title and boundaries of real property, and Section 65.061(2) allows the complaint to be filed in any county where any part of the land lies. For Miami-Dade property, that is the circuit court of the Eleventh Judicial Circuit. Section 65.061(2) lists the grounds the complaint may rest on, including a recorded claim by someone who does not own the property, a recorded deed or mortgage with a defect such as missing witnesses or a defective acknowledgment, and title acquired by adverse possession.

The complaint names everyone who may claim an interest. Once it is filed, we record a notice of lis pendens in the Official Records. Under Section 48.23(1)(a), the case operates as a lis pendens on the property only if that notice is recorded. Under Section 48.23(2), the notice expires 1 year after the action begins unless the pleading shows the relief is founded on a duly recorded instrument or the court extends it for good cause.

Stage 4: Serving Everyone, Including People Who Cannot Be Found

Defendants who can be located are served personally, and the summons states the deadline to respond. For heirs, defunct lenders, or claimants whose whereabouts are unknown, Section 49.011(2) allows service by publication in an action to quiet title or remove a lien or cloud on title. Before publishing, the plaintiff or the plaintiff’s attorney must file a sworn statement that a diligent search and inquiry has been made, under Section 49.041. The notice of action is then published once a week for 4 consecutive weeks under Section 49.10(1)(a), and under Section 49.09 it sets a response date not less than 28 nor more than 60 days after the first publication. We document the search carefully, because a judgment is only as good as the service behind it.

Stage 5: Judgment and Recording

Under Section 65.061(4), when the plaintiff proves legal title or equitable ownership on one of the statutory grounds, or a defendant has been defaulted, the court enters judgment removing the cloud and quieting title in the plaintiff. If a defendant is in actual possession of part of the land, Section 65.061(1) lets any party demand a jury on that issue. Under Section 65.061(5), the final judgment may be recorded in the county where the land lies, and a recorded judgment vests title as if a conveyance had been executed. We record it in the Miami-Dade Official Records so the next title search shows a clean result.

When Someone Records a Fraudulent Deed

Deed fraud has its own procedure. Under Section 65.091, added in 2023, an owner bringing a quiet title action based on a fraudulent attempted conveyance is entitled to summary procedure under Section 51.011, and the court must advance the case on its calendar. The Miami-Dade Clerk’s property fraud page advises reporting the crime to law enforcement immediately, and offers a free Property Fraud Alert that emails subscribers within 24 hours when a matching document is recorded. The alert cannot stop a forged deed from being recorded, but it can let an owner act quickly.

What to Bring to Your First Meeting

• Your deed, and any earlier deeds you have in the chain of title.
• Your title commitment, title search, or owner’s title insurance policy, if you have one.
• Copies of the recorded document causing the problem, with its book and page or instrument number.
• Any probate papers, death certificates, or divorce judgments affecting a prior owner.
• Letters or contact information for the person or company holding the competing claim, and any survey of the property.

Related Pages

• Real Estate Law in Miami
• What are common title defects and how are they fixed?
• Title search and title insurance in Miami
• How do I add or remove someone from a deed in Florida?
• What is a lady bird deed in Florida?