What’s a Quiet Title Action, Does It Work, and How Do I Qualify?


By Omar J. Arcia, Esq.
Foreclosure Defense and Consumer Bankruptcy Protection Attorney

A quiet title action is a legal action filed by a homeowner against the mortgage holder in order to eliminate the mortgage recorded against the home in the public records.  Under Florida’s statute of limitations, a lender only has five (5) years from the date of default under the note and mortgage to initiate a lawsuit to collect the debt or foreclose on the home.  By law, therefore, a quiet title action should absolutely work as a means of wiping out your mortgage and to own your house debt-free!

Here are some signs we look for to see if you qualify for a Quiet Title Action:

  • Did you stop making mortgage payments more than 5 years ago?
  • Has a previous foreclosure action against you been dismissed in court, and the bank failed to refile?
  • Did the bank file a foreclosure action against you more than 5 years ago?
  • Did the bank voluntarily dismiss a foreclosure action against you in court because they did not have the original note or original mortgage?

If you answered YES to any of these questions, you cannot afford to wait another day before filing a Quiet Title Action.  It is literally a race to the courthouse.  Whoever files the action first will most likely win! Here’s another little known secret about quiet title actions: the banks have no tracking mechanism in place to know when the 5 year window expires in your case! It is up to you, and you only, to take the first step toward possibly wiping out your mortgage and owning your house free and clear.

 Contact the Arcia Law Firm today at 954-437-9066 to schedule your free consultation with one of our experienced attorneys that have over 40 years of combined legal experience, and find out whether you qualify for a Quiet Title Action, or any of the other services we offer to help you save your home.  You can also make your appointment online. 

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