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A cloud on title is anything in the public records that raises doubt about who owns a property or whether it's free of claims. Common clouds include a mortgage that was paid but never released, a deed signed by only one of two owners, an heir who was never accounted for, a recorded lien, or a boundary conflict with a neighbor.
Fixing a title defect without going to court
Many defects can be cured with a corrective deed, a satisfaction of mortgage, a release of lien, or an affidavit explaining the property's history. When the people involved are available and cooperative, this is usually the fastest and least expensive option.
When a quiet title lawsuit is needed
If someone won't sign, can't be found, or disputes ownership, a quiet title action asks a circuit judge in the county where the property is located to declare who owns it. These cases follow the same procedures as other civil lawsuits, including notice to everyone who may hold an interest.
Partition between co-owners
When co-owners, often siblings who inherited a home, can't agree whether to keep or sell it, Florida law allows a partition action. The court can divide the property or order it sold and the proceeds split. Many partition disputes settle once the owners understand what the court is likely to do.
