Legal Question in Real Estate Law in Florida

We are selling a house that was bought 17 years ago and the title company said it had a cloud because a lawyer 40 years ago failed to apply the suffix "Joint Tenants" to a quit-claim deed in which the owner hired the lawyer to add her son to the title so that probate could be bypassed when she died. The heirs that we could locate said this. Can we file quiet title based on that? No probate was done and the woman died intestate.

We were able to locate one of three heirs, one deceased heir's widower, and the third heir was identified but could not be located.

Under F.S.95 (statute of limitations), can we claim that since it has been over 7 years since the quit-claim was issued by the son claiming to have full title that we are entitled to a quiet title action?

Lastly, the son lived in the house for over 20 years after his mother died and he became the presumptive sole owner of the house. Can we claim that he was the sole owner by adverse possession with color of title and DID have the right to convey 100% interest in the house?


Asked on 5/03/16, 2:47 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

Sure you can have a quiet title action and include all appropriate parties to make sure you have marketable title. You MUST hire an attorney to do this. You cannot handle this complicated action on your own. The SOL will not apply to give you title. There is no such ownership as presumptive sole owner. You would need to serve all the potential claimants and for those who cannot be located, you would have to publish service against them. This process will take approximately 6 months or more to get done.

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Answered on 5/04/16, 1:49 am


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