Posts Tagged foreclosure cases

Quiet Title

Action to Quiet Title.  A proceeding to establish a plaintiff’s title to land by compelling the adverse claimant to establish a claim or be forever estopped from asserting it.  Black’s Law Dictionary, (2004).

There are many reasons why one may need to bring an action to quiet title on real property.

If you have purchased property at a tax lien auction, filing a quiet title action is necessary in order to be able to convey marketable title.  Through this action, any clouds on the title may be removed, and any prior claims may be extinguished, leaving the owner with clear and marketable title.

You may have a different situation, such as a conflict in boundary descriptions in diverse recorded conveyances due to a clerical error or there may be improper liens on the property.  In some cases, simply refinancing your home may create clouds on title in the event that the interests of the parties were not properly recorded or in the event that proper satisfactions of prior liens have not been properly recorded.

If you are considering whether or not to purchase a property that has been foreclosed on, or are considering buying a property at a foreclosure auction, there are issues related to title that you might want to discuss with an attorney.

If you have questions about Quiet Title actions, please call my office and I am happy to discuss your case with you.

In 2014, Attorney Alexander Scott Dennison filed a lawsuit in Sarasota County Florida to quiet title to property and argued that both the Statute of Limitations and the Statute of Repose have run. For more information about this case, which as of January 26, 2015 is still pending before the 2nd DCA, please visit this link to Howell vs Suntrust, et al.

Other Practice Areas

  • Civil Appeals
  • Real Estate
    • Quiet title actions
    • Homeowner Association and Condo Association Disputes
    • Foreclosure Defense
    • Foreclosure Appeals
    • Landlord/Tenant
  • Sports and Entertainment Law
    • Arbitration Disputes
    • Contact Drafting
    • Mediation
    • Appeals of Arbitration Rulings
  • International Law
    • Private international law including international business transactions.
  • Immigration
  • Contracts and contract related disputes
  • DUI Defense
  • Criminal defense – misdemeanors

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2011 is going to be the peak for foreclosures?

2011 to Hit Foreclosure Record – Three Need-to-Knows for Foreclosure Buyers

Well, I guess it wouldn’t be the new year without some predictions.  So I found this article to share with you.  If this author is correct, 2011 will see a record number of homes in foreclosure.

Read the article here.

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Bamboozled by the Media on Housing and Foreclosures

“But the American public is not being prepared for the hard truth – there is another leg down in housing this year.”

The media tend to paint a picture of things and most people tend to accept it as presented.  However, two different “media artists” can use the same “paint,” the same basic story, quotes, and statistics, and create a vastly different picture for the reader.  I thought this article illustrates this with a recent comparison of two articles covering the same subject matter.

Read the entire article here.

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Judges Berate Bank Lawyers in Foreclosures

One question I often ask myself is how, given all of the rules regulating our courts, our judges, and attorneys, that all of the well-publicized issues in foreclosure cases have gone on for so long.  The New York Times published an article on the issue and features a well-known Florida firm.

“The judge, Scott Fairgrieve of Nassau County District Court, wrote that “swearing to false statements reflects poorly on the profession as a whole.””

Read the entire article here.

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