Quiet Title & Interesting Questions?

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Do all Tax Sale Deeds need to file Quiet Title to be able to sell the property?

Or does a Quiet Title need to be done just to get Title insurance?

Can you sell a Tax Deed property with a warranty deed without later being liable to pay for a Quiet Title? confused

Comments(12)

  • landinvestor13th February, 2003

    Anyone got any ansewrs on filing Quiet Title on your own in Florida after buying a tax sale deed? Or is this not needed?

  • taxlienfl3rd March, 2003

    In Florida, you have to quiet the title if you want to sell the property quickly and buy title insurance from a commercial insurer. You do have alternatives though. (1) You can guarantee the title yourself (self-insure) or (2) You can wait. After 7 years, you can buy title insurance on the property (That 7 years might be reducable to 5 if you have a good working relationship with a title company. Hope this info helps.

  • landinvestor4th March, 2003

    taxlienfl thanks for the reply. When does the 7 years start? I bought a Tax Deed property from the County that was still in the former owners name but it had tax liens on it going back as long as 7 years. The oldest liens where redeemed by a latter tax lien holder.

    I asume I have to wait 7 years from the time I purchased the Tax Deed.

    Is it posible to get a former owner to sign a warranty deed instead of me having to do a quiet title granting that a former owner can be found? Which in my case may be hard because the former owner purchased the land in 1951 & may not be around.

  • drgnstr4th March, 2003

    Pardon my ignorance, but what is a quiet title? Thats one I haven't heard yet. thanks


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  • landinvestor5th March, 2003

    drgnstr a quiet title is when you file a suit with the courts against any claims or posible claims from previous owners, hiers/relatives or creditors including mortages from ever claiming an interest in a property.

    Lets say you bought property and had a title search done & they find what is called a cloud on the title which means someone may or could claim an interest in your property. Now because of this cloud a title insurance company will not issue title insurance unless you do a quiet title or you hold the property for 7, 15, 20, 30 years it all depends on the title insurance company.

    In the case of Florida if you by a tax sale property you either have hold the tax deed for so many years or file a suit to quiet title if you ever want to sell the property.

  • drgnstr5th March, 2003

    Thank you landinvestor,
    that was very helpful.


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  • twobrosflyin3rd November, 2003

    How can I file a Suit for Quiet Title in Florida myself? Any help is appreciated

  • landinvestor5th November, 2003

    twobrosflyin, when you find out you let me know!

    I asked the same question.
    How can I file a Suit for Quiet Title in Florida myself?

    The Courts are not allowed to tell you, because that is a legal question!!
    BS I say.

    Our tax dollars pay these courts!
    You would think that because we paid the taxes plus more $$$ to get the tax deed that the counties would make it easier for us to clear title on our own.

    Heck any more the counties are making big profits because the Tax Deeds are selling many times over the money owed. Where does this money go?

    The lawyers charge outrageous fees starting @ $1,500

    The first thing you should do is go to the county court and ask questions.

    The second thing you should do is find out who is doing most of the tax deed buying in your area. Figure out how they are doing things.

    Is the county your talking about Marion?

    I don't buy in Marion so I can't help with that County.

  • richen14th November, 2003

    Well, if $1500 ist too much to pay, then forget this post. However, there is a great service out there on www.taxtitleservices.com run by David Schumacher in California. That can save you some money. it basically does a run around the quiet title action and gets you the title insurance directly without the quiet title action,and that will save you some money. Good luck! i have found them to be extremely good and professional.

    Richard

  • landinvestor14th November, 2003

    Richard How much does it cost?

  • RonaldStarr15th November, 2003

    landinvestor-----------

    " Do all Tax Sale Deeds need to file Quiet Title to be able to sell the property? "

    No. One can sell a property to anybody who is willing to buy it without title insurance.

    If your sellef needs to get an institutional loan to buy the property the lender will require title insurance. Thus, there will need to be a way to get it. This probably will require a quiet title lawsuit.

    Things may be different in different states and with different title companies. You need to talk to the title companies and ask their requirements to get title insurance. They may require either a quiet title law suit or they may require that all of the former properties who were on title at the time of the tax deed give you quit claim deeds to the property.

    Here in CA, we can get title insurance after five years of holding a property acquired with a tax deed. The adverse possession period here is the five years, so after that amount of time, one could successfully do a quiet title with a adverse possession lawsuit.

    "Or does a Quiet Title need to be done just to get Title insurance? "

    Yes, that is right.

    "Can you sell a Tax Deed property with a warranty deed without later being liable to pay for a Quiet Title?"

    Watch out for this one. Consult an attorney in your area for the answer to this question.

    This June, when I was in Oklahoma state, I talked to an attorney about my plan to bid on properties at the county tax resale. He gave me the following advice for free. Sell with a quitclaim deed, not a warranty deed. Because in OK, the warranty deed makes guarantees based on an abstract that the owner has obtained from the prior owner. Because one does not get the abstract when one gets the tax deed or tax resale deed, one should not give a warranty deed to one's buyers.

    But, every state has different laws related to real estate. What applies in OK may not apply in whatever state you are in.

    Good Investing**********Ron Starr**********

  • richen20th November, 2003

    The cost of a tax title from www.taxtitleservices.com differs for all sorts of situations, i.e. from value of property to location and the lawyer used, etc.. However a quick phone call to them will solve all your questions. They are very easy to deal with, are very knowledgeable and a great service to tax lien buyers. The owner, David Schumacher is a great guy!

    RC

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