Third, after obtaining the quiet title judgment, Smith files for Bankruptcy. In Bankruptcy, Smith points to the quiet title judgment and asserts that this judgment has extinguished the ABC mortgage lien. First Bank (or Fannie) will present a claim and argue that they are secured creditors.
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A quiet title action is a lawsuit that is brought in circuit court to clear a party’s title to real property. The purpose of a quiet title action is to eliminate all claims to title, which might stand in the way of a title insurance company issuing a clear title insurance policy.
In Florida, a cause of action for quiet title is a legal proceeding, which is filed in circuit court and is used to clear title the claimant’s real property. The goal of a quiet title action is to get rid of all claims to title, that would prevent a title insurance company from issuing an insurance policy of clear title.
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A quiet title action is simply a lawsuit designed to clear title to land and remove any clouds on title on Florida real estate. A quiet title action may not remove or clear up all claims that can be brought against the subject property.
Quiet Title in Florida – A Successful Case Study. right to show a simple example of how a legitimate quiet title action works in Florida to eliminate the lien of a mortgage and obtain the title to the property debt free.. QUIET TITLE MORTGAGE FORECLOSURE DEFENSE MERITLESS ; QUIET TITLE.
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