Legal Question in Real Estate Law in Florida
Filing for a Quiet Title
Approximately 6 years ago, I rented property to a couple using a Co-Tenancy Agreement, which amounted to little more than a Lease Purchase Agreement. The only document that was recorded in the County Records was a "Memorandum" that an Agreement existed. After a period of less then two years, the couple moved out and did not notify me of their intentions, and I have no idea as to where they moved to. Now, three years ago, I sold the property and the new purchaser assumed the existing FHA mortgage. The Pasco County, Florida Tax Assessor's Office interpreted the "Memorandum" as a conveyance of 50% ownership, which has put a cloud on the title.
My question is, can I, on my own, being that the previous tenant's where abouts are unknown, file a request for a "Quiet Title", by sending notice to the last known address, which is the property in question?
Thanking you in advance, I am,
2 Answers from Attorneys
Constructive Service-How to Serve Someone Who Is Gone.
=========================================================================Category: Real Property, Real Estate and Landlord & TenantsSubject: Filing for a Quiet TitlePosted: 5/21/98State(s): FL
Approximately 6 years ago, I rented property using a Co-Tenancy Agreement. The only document that was recorded in the County Records was a "Memorandum" that an Agreement existed. The couple moved out and I have no idea as to where they moved. Three years ago, I sold the property. The Tax Assessor's Office interpreted the "Memorandum" as a conveyance of 50% ownership, which has put a cloud on the title.My QUESTION is, can I, on my own, being that the previous tenant's where abouts are unknown, file a request for a "Quiet Title", by sending notice to the last known address, which is the property in question? Thanking you in advance.
Answer: Chapter 49 of the Florida Statutes deals with constructive service of process by publication. It specifies the procedure to follow in order to properly obtained jurisdiction so the court may resolve all questions as to title. Statutes are strictly construed and you must follow them in exact detail in order to properly resolve all the title questions. If you fail to properly follow the statutory requirements, you may not be able to obtain the relief you seek.
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Quiet title action
You will need to clear the title by filing an actionin circuit court. It could either be a foreclosure action or quiet title action. Mr.Fernandez pointed out that you would need toget constructive service of process. In any event,you should consult a real estate attorney in your area and have him or her handle it.
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