You purchased a property at a tax deed auction. You own it. But you cannot sell it, refinance it, or obtain title insurance on normal terms, because the title is clouded by the tax deed sale itself. Until that cloud is removed, the property is effectively frozen: no title company will insure it, no lender will finance it, and no buyer will purchase it with a warranty deed.
This is not a defect in your purchase. It is a feature of Florida’s tax deed system, and it exists because of what the Florida Supreme Court has said about the risks inherent in tax deed sales.
Why underwriters require a quiet title action (or a four-year wait). In Vosilla v. Rosado, 944 So. 2d 289 (Fla. 2006), property owners notified the tax collector and the clerk of court of their change of address on two separate occasions before the tax deed sale. The clerk sent the sale notice to the old address anyway. Someone else signed for it. The property was sold. The Supreme Court voided the tax deed, holding that the notice was not reasonably calculated to inform the owners and violated their due process rights, even though the clerk had technically complied with the statutory notice procedure.
In Delta Property Mgmt., Inc. v. Profile Investments, Inc., 875 So. 2d 443 (Fla. 2004), the Supreme Court held that the clerk must verify the titleholder’s address on the latest tax assessment roll before sending notice of a tax deed sale, rather than simply relying on the address provided in the tax collector’s statement. When the same case returned to the Supreme Court eight years later at 87 So. 3d 765 (Fla. 2012), the Court went further: when certified mail notice is returned as undeliverable, the clerk must take additional reasonable steps to notify the property owner before the sale can proceed. The clerk’s failure to do so voided the tax deed entirely.
These decisions mean that any tax deed sale in Florida carries an inherent risk that the former owner could later challenge the sale on due process grounds, arguing that the clerk’s notice procedures were inadequate. If a court agrees, the tax deed is void, and the property reverts to the former owner. The tax deed purchaser loses the property and is left with a claim against the county for a refund of the purchase price, which may take years to recover and does not include any appreciation in the property’s value.
Title insurance underwriters understand this risk. That is why virtually every major underwriter in Florida will not insure a tax deed property on normal terms unless either (a) the four-year statute of limitations to challenge the tax deed sale has expired, or (b) a court has entered a final judgment in a quiet title action establishing that the tax deed purchaser holds clear, marketable title. Without one of those two things, the underwriter considers the risk of a successful challenge too high to insure.
A quiet title action eliminates that risk. It is a lawsuit filed by the tax deed purchaser asking the court to determine that the purchaser is the rightful owner of the property and to extinguish any claims by former owners, lienholders, or other parties. Once the court enters a final judgment quieting title, the title is clear, the underwriter will insure it, and the property can be sold, refinanced, or developed without restriction.
The fee. The firm handles tax deed quiet title actions at a flat attorney’s fee of $1,490, plus a $500 deposit to cover filing fees and service of process costs. The total amount to get started is $1,990. There are no hourly charges, no hidden fees, and no cost increases during the case. Bulk discounts are available for investors acquiring five or more tax deeds within a calendar year.
The timeline. Most tax deed quiet title actions are completed within 90 to 120 days of filing. The timeline depends on the specific circumstances of the case, including whether the former owner and other interested parties can be served personally or whether service by publication is required. Service by publication, when necessary, adds approximately 60 days to the timeline. The firm provides realistic timeline estimates at intake based on the specific facts of each case.
Statewide service. The firm handles tax deed quiet title actions in all 67 Florida counties.
What the process involves. After you retain the firm, the process is straightforward. The firm examines the title, identifies all parties who need to be served (former owners, lienholders, and any other parties with potential claims), prepares and files the quiet title complaint, serves all parties, and obtains a final judgment from the court. You do not need to appear in court. The firm handles the entire process, and you receive a certified copy of the final judgment that you can provide to any title company to obtain a title insurance policy on normal terms.
A note about “quiet title alternative” services. There are services operating in Florida that market themselves as faster and cheaper alternatives to quiet title actions. You should understand what these services actually offer. Some charge $900 or more just to research whether they can help you, with no guarantee that they can. If they determine your property does not qualify for their expedited process, you have paid the research fee and received nothing but a recommendation to go file a quiet title action anyway. The firm’s flat-fee quiet title action has no research fee, no upfront charge at risk, and no uncertainty about what you are getting. You pay $1,990, and the firm files a quiet title action and obtains a final judgment clearing your title.
For the investor who needs to move a property quickly, who already has a buyer lined up, who needs to release capital for the next auction, or who simply does not want to sit on a property for months waiting for a court order, that timeline may be too long. The firm offers tax deed title certifications as an expedited alternative that can produce insurable title in 30 days or less, at a flat fee of $2,590 with no separate research fee. For full details on how the certification process works and how it compares to alternative certification services, see our Tax Deed Title Certifications page.
Not every quiet title action involves a tax deed. Quiet title actions are also used to resolve title defects and clouds on title that arise outside the tax deed context. These include:
Fraudulent, forged, or defective deeds. A deed that was executed by someone without authority to convey the property, a deed that was forged, a deed that was obtained through fraud or undue influence, or a deed that contains errors in the legal description, the grantor’s name, or other material terms that render it defective. A quiet title action establishes the true ownership and removes the fraudulent or defective instrument from the chain of title.
Erroneous conveyances. A deed that was recorded in error, a conveyance that was intended for a different property, a deed that was delivered without the grantor’s knowledge or consent, or a conveyance that was induced by mistake. A quiet title action corrects the record and establishes the rightful owner.
Old mortgages that were satisfied but never properly discharged of record. This is one of the most common title defects in Florida. The borrower paid off the mortgage years or decades ago, but the satisfaction was never recorded, and the mortgage still appears as an open lien in the public records. A quiet title action removes the lien.
Breaks in the chain of title from missing or defective conveyances. A deed that was never properly recorded, a conveyance that contains a legal description error, or a gap in the ownership chain that prevents a title company from tracing clear ownership. A quiet title action establishes ownership and repairs the chain.
Interests from deceased former owners whose estates were never probated. When a property owner dies and no probate is opened, the property remains in the deceased owner’s name indefinitely. A quiet title action can establish the current owner’s title when probate is impractical or impossible.
Claims from missing or unknown heirs. When a property has been conveyed through multiple generations and potential heirs cannot be located, a quiet title action resolves the uncertainty.
Expired or invalid liens that were never formally released. Tax liens, judgment liens, code enforcement liens, and other encumbrances that have expired by operation of law but still appear in the public records.
Expired easements, covenants, or restrictions that were never formally released. Interests that have terminated but still cloud the title because no release was recorded.
MRTA extinguishment of old interests. Florida’s Marketable Record Title Act (Chapter 712) extinguishes old interests that have not been properly preserved, but establishing the extinguishment often requires a quiet title action.
Title defects discovered during a sale or refinance. When a title search reveals a defect that must be cleared before the transaction can close, a quiet title action resolves the defect and allows the closing to proceed.
The fee. Non-tax deed quiet title actions are handled at a flat fee of $3,500. These matters involve different legal issues and typically require more extensive title research and litigation than a standard tax deed quiet title. The initial consultation for non-tax deed quiet title matters is $250.00, paid in advance, and credited against the flat fee if the firm is retained.
Most tax deed quiet title actions are completed within 90 to 120 days. If service by publication is required (because the former owner or other interested parties cannot be located for personal service), the timeline extends by approximately 60 days. The firm provides a realistic estimate at intake based on the specific facts of your case.
No. The firm handles the entire process. You do not need to appear in court, attend hearings, or testify. The firm prepares and files the complaint, serves all parties, and obtains the final judgment. You receive a certified copy of the judgment that you can provide to any title company.
Technically, yes. The statute of limitations to challenge a tax deed sale is four years under section 95.11(3)(p) of the Florida Statutes. If you are willing to wait four years without selling, refinancing, or insuring the property, the statute of limitations will expire and most underwriters will consider the title insurable. However, even after four years, some underwriters may still require curative work or a quiet title action depending on the specific title history. More importantly, four years of carrying costs (property taxes, insurance, maintenance, HOA assessments) on a property you cannot monetize adds up. For most investors, the $1,990 cost of a quiet title action is far less than four years of carrying costs on an idle property.
If a former owner, lienholder, or other party appears and opposes the quiet title petition, the matter becomes contested real estate litigation and is handled on that basis. Contested quiet title actions are billed at the firm's standard litigation rates rather than the flat fee, because contested litigation involves discovery, motion practice, and potentially trial. The firm handles contested quiet title actions as part of its real estate litigation practice. In practice, contested tax deed quiet title actions are extremely rare. The former owner lost the property for failure to pay taxes, and the legal grounds to challenge a properly conducted tax deed sale are narrow. Contested quiet title actions are more common in non-tax deed matters, where the underlying title defects are more likely to involve competing claims from parties who believe they have a legitimate interest in the property. This is one of the reasons the non-tax deed flat fee ($3,500) is higher than the tax deed flat fee ($1,990): the likelihood of contested issues, the complexity of the title research, and the scope of the work involved are all greater.
A quiet title action is a lawsuit that produces a court judgment declaring you the owner and extinguishing competing claims. It takes 90 to 120 days and costs $1,990 (for tax deed matters). A title certification is an expedited alternative that produces a certification allowing a title insurance commitment to be issued without a court judgment. It takes approximately 30 days and costs $2,590. Both produce insurable title; the difference is speed. The certification is faster but not every property qualifies. For full details, see our Tax Deed Title Certifications page.
Yes. The firm offers bulk discounts for investors acquiring five or more tax deeds within a calendar year. Contact the firm for details on bulk pricing.
All 67 Florida counties. The firm is based in Jacksonville and handles quiet title actions statewide.
No. A quiet title action resolves claims against the title from outside parties, not disputes between co-owners. If you co-own property with another person and want to force a sale or obtain sole ownership, the right vehicle is a partition action under Chapter 64 of the Florida Statutes. There is effectively no defense to a partition action; every co-owner has the absolute right to force a sale or division of co-owned property. The firm handles partition actions as part of its real estate litigation practice. See our Real Estate Litigation page for details.
A quiet title action resolves disputes about the validity of someone’s claim to property: a former owner challenging a tax deed sale, an old lien that should have been released, a defective deed in the chain of title. It is the right tool when you own the property and need to clear a cloud created by someone else’s claim.
A quiet title action is not the right tool when you co-own property with another person and want to resolve a dispute between co-owners. If you and a family member inherited property together and cannot agree on whether to sell, if you and a former partner co-own real estate and one of you wants out, or if you co-own property with someone who is uncooperative or unresponsive, the proper vehicle is a partition action, not a quiet title action. A partition action forces the sale or division of co-owned property regardless of whether the other co-owner agrees. For more information about partition actions, see our Real Estate Litigation page.
When a quiet title action becomes contested, meaning another party appears and opposes the petition, the matter transitions into real estate litigation and is handled on that basis. For more information about contested real estate disputes, including title disputes, boundary disputes, easement claims, and other real property litigation, see our Real Estate Litigation page.
To discuss a quiet title action or a tax deed title certification, call the firm at (904) 389-6202 or contact us online.
