What Is a Quiet Title Action in Florida?

A cloud is a document or claim that casts doubt on the real owner's title. Section 65.061(2) lists several grounds. They include a conveyance or other claim held by someone who is not the rightful owner, and a recorded deed or mortgage with a defect such as a missing seal, missing witnesses or a defective acknowledgment. Adverse possession that has ripened into good title under Florida statutes is also a listed ground.

The complaint may be filed in any county where part of the land is located. Under section 65.061(3), the plaintiff must deraign, or trace, title from the original source or for at least 7 years before filing, unless the court directs otherwise. The complaint sets out the book and page where each recorded instrument appears.

If the plaintiff proves title, or a default is entered against the defendant, section 65.061(4) directs the court to remove the cloud and quiet title in the plaintiff. A recorded final judgment vests title as though a conveyance had been executed.

Section 65.091, added in 2023, covers quiet title actions based on a fraudulent attempted conveyance. These cases receive summary procedure, and clerks must provide a simplified complaint form. The Brevard County Clerk of Court posts that form. The Clerk separately offers property fraud alerts. Defects found after a sale are discussed in title defects after closing.