The purchasing party in any real estate deal wants to be assured that the selling party actually owns the property. It is vital to make sure that there aren’t other entities or individuals with claims to the property or improvements located on it, such as governmental bodies, contractors, lenders, associations, judgment creditors or the Internal Revenue Service.
Most real estate contracts require the seller to provide marketable title to the property. The purpose of title insurance is to secure the purchasing party’s claim to the property and to insure against title “defects,” that is, legal rights to a property claimed by someone else after closing. A well-researched title insurance policy can protect your property interest from such adverse claims.
The attorneys at Berlin Patten Ebling have extensive experience reviewing title commitments and addressing title defects. We advise clients on insurance coverage issues and provide coverage opinions. We also assist national title underwriters in resolving title disputes.
When disputes arise as to who rightfully owns a piece of real estate, a quiet title lawsuit is often required in order to have a court determine the true owner. A quiet title action can also be used to clear defects in a party’s title to real property, or to perfect ownership of property purchased at a tax deed sale.
Defects in title are most often discovered when a party tries to sell its property. This is because the title insurance agent will conduct a thorough search of the property’s title history and will refuse to issue an insurance policy to the buyer unless and until any title defects are cleared.
Many times, the only way to clear the title is to file a quiet title lawsuit. It is important to have an experienced and responsive attorney to handle the quiet title action in order to clear title and free the property so it can be sold as soon as possible.
For purchasers of property at a tax deed sale, a quiet title action is required before the title is properly transferred to the new owner’s name.
The attorneys at Berlin Patten Ebling have handled a wide variety of quiet title actions, including actions based on fraud, mistake, to perfect ownership interest following a tax deed sale, and for slander of title.
Our legal team is committed to providing an exceptional customer experience. Our lawyers establish your goals up front in order to create a custom strategy to achieve those objectives. We are responsive to your needs, answering questions in a timely manner and keeping you informed of all progress in your case.
Contact us to schedule a consultation in which we can answer your questions and recommend the best steps to take. We serve clients throughout Southwest Florida from offices in Sarasota, Venice and Lakewood Ranch.