Legal Question in Real Estate Law in Florida
I am attempting to file a quiet title action pro se in order to clear the title on a house I am trying to sell. Because a prior deed failed to say "joint tenants" I have to deal with heirs that didn't know they owned part of the property. None of them want an interest. One was angry and adamant that he not be bothered with this (especially by process servers), but he agreed to and did sign a notarized waiver stating that: A) He waives his right to answer the action; B) Waives his right to process; and C) Demands that he be defaulted.
Since this is not the way things normally work, how do I make this work so that he gets defaulted and doesn't get a process server at his door? I have to serve the "unknown heirs" by publication and his name is included, will that be good enough for service?
2 Answers from Attorneys
You don't want him defaulted. You want him to agree to your petition and to the entry of your judgement. You also should have him request to be eliminated from service of any documents.
1. You must file your complaint with the court.
2. File his notarized waiver and request his default from the court. Up to judge to order it.
3.You need to serve a summons and complaint on all other known parties and unknown parties by publication.
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