![]() Here are two examples of mistakes that lead to a reformation lawsuit:Ī. The judge changes or “reforms” the deed so it reflects the true intention of the parties. However, the quitclaim deed they used to memorialize their agreement is flawed in some way.Įxamples of Reforming a Florida Quitclaim DeedĪs explained above, a deed reformation lawsuit involves a judge fixing an error usually in a quitclaim deed. Here, the parties to the deed have a deal and there is no conflict as to their agreement regarding the transfer of the real estate. This lawsuit is designed to correct a defective or erroneous deed so that it reflects the true terms of the transaction between the parties to the deed. (Equitable remedies are within the powers of Florida judges, and are not dependent of any statute or law.)Ī deed reformation lawsuit fixes a mistake in a quitclaim deed that appears in the chain of title. In Florida, “reformation” is an equitable remedy that a judge can order on behalf of the party that seeks to clear title to real estate. Read: 10 Things You Should Know About Quieting Title in Florida Wild deeds are recorded documents that are not connected in the chain of title. In this situation, a quiet title lawsuit is filed seeking an order from a judge, which is later recorded in the county land records, confirming the quitclaim deed is forged, thereby removing the cloud on title caused by the document.Īnother common quiet title lawsuit involving quitclaim deeds is where there is a wild deed. Basically, the judge enters an order, which determines who has title to the property.Ī common quiet title Lawsuit in Florida involves situations where someone has forged a quitclaim deed that appears in the recorded chain of title. In these lawsuits, the court enters a formal written Judgment that decides ownership of the property that prevents the parties being sued from making any subsequent claim to the property. If a party has any legal claim or interest, then they need to be a party to a quiet title lawsuit. It does not matter if the parties being sued do not care about having an interest in the real estate. Quiet title lawsuits are filed in the county where the land is located and they need to include as defendants any and all parties that may have an interest in the property. This determination of title comes in the form of an official written order that is recorded in the real estate records, which cleans up the controversy and “quiets the title”, or establishes a party’s title to the real estate. If a property does not have clear title, then the only option may be to file a lawsuit in the civil court where the property is located, seeking a judge’s determination of title. This means that the real estate records do not have any clouds on the title for things like liens, mortgages, or any other interest that creates an adverse claim of an ownership interest in the real estate. ![]() They are:įor a buyer to purchase an insurable fee simple interest (or full title) to real estate in Florida, he or she needs to receive “clear title” to the property. In Florida, real estate lawsuits involving quitclaim deeds usually boil down to 3 kinds of lawsuits. ![]() ![]() Furthermore, a grantor in a quitclaim deed does not give any warranties or covenants of title to the grantee, which is why these deeds are sometimes the basis for nefarious transactions.Ī Florida “quitclaim deed” only conveys that interest in a property held by the grantor at the time of the conveyance. The grantor is simply passing or releasing any interest he or she may have in the property to the grantee. ![]() Under the law in Florida, the grantor of a quitclaim deed does not claim that the title being transferred is legally valid. Centuries-old handwritten deeds going back to Spanish land grants are a part of the chain of title in Florida title records. ![]()
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