Quiet Title Action Complaint + Lis Pendens — Florida

COMPLAINT TO QUIET TITLE AND NOTICE OF LIS PENDENS — FLORIDA

TABLE OF CONTENTS

1. Caption
2. Nature of the Action
3. Parties
4. Jurisdiction and Venue
5. The Subject Property
6. Deraignment of Title (Fla. Stat. § 65.061(3))
7. Defendants' Adverse Claims
8. Count I — Quiet Title (Fla. Stat. §§ 65.011, 65.061)
9. Count II — Removal of Cloud on Title (Fla. Stat. § 65.021)
10. Count III — Adverse Possession (Fla. Stat. §§ 95.16, 95.18)
11. Count IV — Quieting Tax Title (Fla. Stat. § 65.081)
12. Count V — Cancellation of Fraudulent Conveyance (Fla. Stat. § 65.091)
13. Prayer for Relief
14. Verification
15. Notice of Lis Pendens (Fla. Stat. § 48.23)
16. Summons
17. Title Search Certification
18. Sworn Statement for Service by Publication (Ch. 49)
19. Florida Practice Notes
20. Sources and References

1. CAPTION

IN THE CIRCUIT COURT OF THE [____] JUDICIAL CIRCUIT

IN AND FOR [________________________________] COUNTY, FLORIDA

CIVIL DIVISION

CASE NO. [________________________________]

VERIFIED COMPLAINT TO QUIET TITLE

2. NATURE OF THE ACTION

2.1. This is an action in equity brought pursuant to Chapter 65, Florida Statutes, to quiet title to the real property described herein and to remove the cloud cast upon Plaintiff's title by the recorded and asserted adverse claims of Defendants.

2.2. The amount in controversy, exclusive of interest, costs, and attorneys' fees, exceeds $50,000.00, conferring jurisdiction on this Circuit Court pursuant to Article V, § 5(b) of the Florida Constitution and Fla. Stat. § 26.012(2)(g).

3. PARTIES

3.1. Plaintiff [PLAINTIFF NAME] is, and at all relevant times has been, a citizen and resident of [COUNTY] County, Florida, residing at [ADDRESS], and is sui juris.

3.2. Defendant [DEFENDANT 1] is, upon information and belief, sui juris, residing at [ADDRESS], [CITY, STATE, ZIP], who claims or appears to claim an interest in the Property described herein.

3.3. Defendant [DEFENDANT 2] is, upon information and belief, a [corporation / limited liability company / trust] organized under the laws of [STATE], with its principal place of business at [ADDRESS] and a registered agent at [REGISTERED AGENT ADDRESS].

3.4. The Defendants designated as "Unknown Heirs, Beneficiaries, Devisees, Grantees, Assignees, Lienors, Creditors, Trustees, and All Other Parties Claiming By, Through, Under, or Against [PREDECESSOR NAME], Deceased" and "All Unknown Parties Claiming Any Right, Title, or Interest in the Property Described Herein" are persons whose names and addresses are unknown to Plaintiff after diligent search and inquiry.

4. JURISDICTION AND VENUE

4.1. This Court has subject-matter jurisdiction pursuant to Article V, § 5(b) of the Florida Constitution, Fla. Stat. § 26.012(2)(g), and the chancery jurisdiction conferred by Fla. Stat. §§ 65.011 and 65.021.

4.2. Venue is proper in this Court pursuant to Fla. Stat. § 47.011 because the Property that is the subject of this action is located within [COUNTY] County, Florida.

5. THE SUBJECT PROPERTY

5.1. The real property at issue (the "Property") is located at [STREET ADDRESS], [CITY], [COUNTY] County, Florida [ZIP], identified by Folio / Parcel Number [____________________].

5.2. The Property is legally described as:

[INSERT FULL LEGAL DESCRIPTION — typically Lot ___, Block ___, of [SUBDIVISION NAME], according to the Plat thereof, recorded in Plat Book ___, Page ___, of the Public Records of [COUNTY] County, Florida; or full metes-and-bounds description]

5.3. A true and correct copy of the deed by which Plaintiff acquired title is attached as Exhibit "A" pursuant to Fla. R. Civ. P. 1.130(a).

6. DERAIGNMENT OF TITLE (Fla. Stat. § 65.061(3))

6.1. Plaintiff hereby deraigns title from the original source, or alternatively for not less than seven (7) years immediately preceding the filing of this Complaint, as follows:

6.2. Plaintiff is the present record fee-simple owner of the Property.

6.3. Plaintiff and Defendants claim from [a common source / different sources]. ☐ If common source: the common source is [NAME OF COMMON GRANTOR], by [INSTRUMENT TYPE] recorded at [Book/Page], and the court is requested to limit deraignment accordingly.

6.4. Plaintiff is in actual, peaceable, and continuous possession of the Property and has paid all ad valorem taxes thereon.

7. DEFENDANTS' ADVERSE CLAIMS

7.1. Defendants, and each of them, claim or assert (or appear from the public records to claim or assert) some right, title, lien, or interest in or to the Property adverse to Plaintiff's title.

7.2. The specific clouds upon Plaintiff's title include, without limitation:

• ☐ A purported [Warranty Deed / Quitclaim Deed / Mortgage / Lien / Lis Pendens] dated [__/__/____], recorded on [__/__/____] at Book [____], Page [____], or Instrument No. [____________________], Public Records of [COUNTY] County, Florida (the "Cloud Instrument");
• ☐ An unreleased mortgage that has been paid in full or is barred by the statute of limitations under Fla. Stat. § 95.281;
• ☐ A defectively executed deed lacking proper acknowledgment or witnessing required by Fla. Stat. § 689.01;
• ☐ A wild or stray deed not within Plaintiff's chain of title;
• ☐ A tax-deed claim issued by the [COUNTY] County Clerk on [__/__/____];
• ☐ A fraudulent conveyance subject to cancellation under Fla. Stat. § 65.091;
• ☐ An asserted boundary or encroachment claim;
• ☐ Other: [________________________________].

7.3. The Cloud Instrument and the other claims described above are invalid, ineffective, or extinguished, and constitute clouds on Plaintiff's title that materially impair the marketability and use of the Property.

8. COUNT I — QUIET TITLE (Fla. Stat. §§ 65.011, 65.061)

(Against All Defendants)

8.1. Plaintiff incorporates paragraphs 1 through 7.3 as though fully set forth herein.

8.2. Plaintiff claims fee-simple title to the Property and is the lawful owner thereof.

8.3. Defendants, and all persons claiming by, through, or under them, have no valid right, title, or interest in the Property.

8.4. Pursuant to Fla. Stat. §§ 65.011 and 65.061, Plaintiff is entitled to a final judgment determining title in Plaintiff, awarding possession, and barring Defendants and all claiming under them from asserting any further right, title, or interest in or to the Property.

9. COUNT II — REMOVAL OF CLOUD ON TITLE (Fla. Stat. § 65.021)

(Against Defendants Asserting the Cloud Instrument)

9.1. Plaintiff incorporates paragraphs 1 through 8.4 as though fully set forth herein.

9.2. The Cloud Instrument identified in paragraph 7.2 is void or voidable for one or more of the following reasons: ☐ forgery; ☐ lack of capacity of the grantor; ☐ lack of consideration; ☐ fraud in the execution or inducement; ☐ defective acknowledgment under Fla. Stat. § 695.03; ☐ lack of subscribing witnesses under Fla. Stat. § 689.01; ☐ violation of the homestead-conveyance requirements under Fla. Const. Art. X, § 4; ☐ satisfaction not recorded; ☐ statute of limitations under Fla. Stat. § 95.281; ☐ other: [____________________].

9.3. Plaintiff is entitled to a final judgment canceling the Cloud Instrument of record and removing the same as a cloud on Plaintiff's title pursuant to Fla. Stat. § 65.021.

10. COUNT III — ADVERSE POSSESSION (Fla. Stat. §§ 95.16, 95.18)

(Pleaded in the Alternative)

10.1. Plaintiff incorporates paragraphs 1 through 9.3 as though fully set forth herein.

10.2. Adverse possession with color of title (§ 95.16). For a period of not less than seven (7) consecutive years immediately preceding the commencement of this action, Plaintiff and Plaintiff's predecessors in interest have held the Property in actual, open, notorious, exclusive, hostile, and continuous possession under a written instrument of title duly recorded, claiming the Property as their own. Plaintiff has timely paid all state, county, and municipal taxes levied or assessed against the Property during that period.

10.3. Adverse possession without color of title (§ 95.18). Alternatively, for a period of not less than seven (7) consecutive years immediately preceding this action, Plaintiff has held the Property in actual, open, notorious, exclusive, hostile, and continuous possession; has paid all outstanding taxes and matured tax certificates within one year of taking possession; and timely filed a "Return of Real Property in Attempt to Establish Adverse Possession Without Color of Title" (Form DR-452) with the [COUNTY] County Property Appraiser on [__/__/____].

10.4. By reason of the foregoing, Plaintiff has acquired title by adverse possession and is entitled to a decree quieting title accordingly.

11. COUNT IV — QUIETING TAX TITLE (Fla. Stat. § 65.081)

(Pleaded as Applicable)

11.1. Plaintiff incorporates paragraphs 1 through 10.4 as though fully set forth herein.

11.2. Plaintiff holds title to the Property under a Tax Deed issued by the Clerk of the Circuit Court of [COUNTY] County on [__/__/____], recorded at Book [____], Page [____], of the Public Records, attached as Exhibit "B".

11.3. ☐ Four (4) years have elapsed since the issuance of the Tax Deed, entitling Plaintiff to summary procedure under Fla. Stat. § 51.011 pursuant to Fla. Stat. § 65.081(3).

11.4. Plaintiff is entitled to a final judgment quieting title in Plaintiff and barring the former owner and all other parties from asserting any claim to the Property.

12. COUNT V — CANCELLATION OF FRAUDULENT CONVEYANCE (Fla. Stat. § 65.091)

(Pleaded as Applicable)

12.1. Plaintiff incorporates paragraphs 1 through 11.4 as though fully set forth herein.

12.2. The Cloud Instrument identified in paragraph 7.2 was procured by, or constitutes, a fraudulent conveyance, in that [describe fraud: forged signature; impersonation; identity theft; deed-fraud scheme].

12.3. Pursuant to Fla. Stat. § 65.091 and § 726 et seq. (Uniform Fraudulent Transfers Act, where applicable), Plaintiff is entitled to a decree canceling the fraudulent conveyance and quieting title in Plaintiff.

13. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment as follows:

A. ☐ Declaring Plaintiff to be the lawful owner in fee simple absolute of the Property;

B. ☐ Quieting title to the Property in Plaintiff, free and clear of all claims, liens, encumbrances, and adverse interests of Defendants and all persons claiming by, through, or under them;

C. ☐ Canceling and discharging of record the Cloud Instrument and any other adverse instrument identified herein;

D. ☐ Declaring that Plaintiff has acquired title by adverse possession under Fla. Stat. §§ 95.16 and/or 95.18;

E. ☐ Awarding Plaintiff possession of the Property and issuing any necessary writ of possession;

F. ☐ Permanently enjoining Defendants from asserting any claim of right, title, or interest in or to the Property;

G. ☐ Directing the [COUNTY] County Clerk of Court to record the final judgment in the Public Records, vesting title in Plaintiff in like manner as though a conveyance were executed by a special magistrate pursuant to Fla. Stat. § 65.061(5);

H. ☐ Awarding Plaintiff costs and reasonable attorneys' fees as authorized by statute, contract, or equity; and

I. ☐ Granting such other and further relief as the Court deems just and proper.

[DEMAND FOR JURY TRIAL — Only if any Defendant is in actual possession and a jury is demanded pursuant to Fla. Stat. § 65.061(1).]

DATED: [__/__/____]

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Florida Bar No. [____________]

[FIRM ADDRESS / PHONE / FAX / DESIGNATED E-MAIL]

Counsel for Plaintiff

14. VERIFICATION

STATE OF FLORIDA )
) ss.:
COUNTY OF [__________________] )

BEFORE ME, the undersigned authority, personally appeared [PLAINTIFF NAME], who being by me first duly sworn, deposes and says:

"I am the Plaintiff in the above-styled cause. I have read the foregoing Verified Complaint to Quiet Title and the matters therein stated are true and correct to the best of my knowledge and belief, except as to those matters stated on information and belief, which I believe to be true."

[________________________________]
[PLAINTIFF NAME]

Sworn to (or affirmed) and subscribed before me by means of ☐ physical presence or ☐ online notarization, this [____] day of [________], [______], by [PLAINTIFF NAME], who is personally known to me or who has produced [____________________] as identification.

[________________________________]
Notary Public, State of Florida
Commission No.: [____________]
My Commission Expires: [__/__/____]

15. NOTICE OF LIS PENDENS (Fla. Stat. § 48.23)

IN THE CIRCUIT COURT OF THE [____] JUDICIAL CIRCUIT
IN AND FOR [________________________________] COUNTY, FLORIDA
CIVIL DIVISION

CASE NO. [________________________________]

[PLAINTIFF NAME], Plaintiff, v. [DEFENDANT NAME], et al., Defendants.

NOTICE OF LIS PENDENS

TO THE DEFENDANTS AND ALL OTHER PERSONS WHOM IT MAY CONCERN:

YOU ARE NOTIFIED of the institution of this action by the above-named Plaintiff against the above-named Defendants seeking to quiet title to the following real property in [________________] County, Florida:

Common Address: [________________________________]

Parcel / Folio No.: [________________________________]

Legal Description: [INSERT FULL LEGAL DESCRIPTION]

1. The name of the Court in which the action was instituted: Circuit Court of the [____] Judicial Circuit in and for [________________] County, Florida.

2. The names of the parties: as set forth in the caption above.

3. The date of the institution of the action: [__/__/____].

4. The case number: [________________________________].

5. The relief sought against the Property: a judgment quieting title in Plaintiff, removing clouds from title, canceling the Cloud Instrument, and granting incidental relief.

DATED this [____] day of [________], [______].

[________________________________]
[ATTORNEY NAME], Florida Bar No. [____________]
Attorney for Plaintiff
[ADDRESS / PHONE / E-MAIL]

FILE WITH: Clerk of the Circuit Court and record in the Official Records of [________________] County, Florida.

16. SUMMONS

IN THE CIRCUIT COURT OF THE [____] JUDICIAL CIRCUIT
IN AND FOR [________________________________] COUNTY, FLORIDA

CASE NO. [________________________________]

[PLAINTIFF NAME], Plaintiff, v. [DEFENDANT NAME], et al., Defendants.

SUMMONS

TO: [DEFENDANT NAME], [SERVICE ADDRESS]

IMPORTANT — A lawsuit has been filed against you. You have 20 calendar days after this summons is served on you to file a written response to the attached Complaint with the Clerk of this Court. A phone call will not protect you; your written response, including the case number above and the names of the parties, must be filed if you want the Court to hear your side of the case. If you do not file your response on time, you may lose the case, and your wages, money, and property may thereafter be taken without further warning from the Court. There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may call an attorney referral service or a legal aid office (listed in the phone book).

If you choose to file a written response yourself, at the same time you file your written response to the Court you must also mail or take a copy of your written response to: [PLAINTIFF'S ATTORNEY NAME AND ADDRESS].

DATED on [__/__/____].

[CLERK OF THE CIRCUIT COURT]

By: [________________________________], Deputy Clerk

(SEAL)

17. TITLE SEARCH CERTIFICATION

CERTIFICATION OF TITLE SEARCH

I, [NAME OF TITLE EXAMINER / COMPANY], certify that I have caused a search of the Official Records of [________________] County, Florida, to be conducted for the period from [__/__/____] to [__/__/____], with respect to the Property described in Section 5 above. Based upon such search, the following persons and entities appear of record to have, or potentially to have, an interest in the Property and have been or should be joined as parties to this action:

This search confirms that the chain of title is deraigned from [the sovereign / a date not less than 7 years prior to filing] in compliance with Fla. Stat. § 65.061(3).

DATED: [__/__/____]

[________________________________]
[NAME / TITLE / LICENSE NO.]
[COMPANY]

18. SWORN STATEMENT FOR SERVICE BY PUBLICATION (Ch. 49)

IN THE CIRCUIT COURT OF THE [____] JUDICIAL CIRCUIT
IN AND FOR [________________________________] COUNTY, FLORIDA

CASE NO. [________________________________]

SWORN STATEMENT IN SUPPORT OF SERVICE BY PUBLICATION

STATE OF FLORIDA )
) ss.:
COUNTY OF [__________] )

[AFFIANT NAME], attorney of record for Plaintiff, being first duly sworn, deposes and says under penalty of perjury:

1. This is an action to quiet title to real property in [COUNTY] County, Florida, which is an action within the scope of Fla. Stat. § 49.011.

2. The Defendants listed below cannot, with the exercise of reasonable diligence, be served personally:

• [DEFENDANT NAME]
• [ALL UNKNOWN HEIRS, DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES, AND OTHER CLAIMANTS]
• [ALL UNKNOWN PARTIES CLAIMING ANY INTEREST IN THE SUBJECT PROPERTY]

3. The diligent search and inquiry I performed to attempt to ascertain the residences of these Defendants includes: ☐ inquiry of last known address and surrounding neighbors; ☐ inquiry of relatives, friends, and former employer; ☐ inquiry of post office; ☐ search of online people-finder, motor-vehicle, voter, military-locator, and tax-collector records; ☐ inquiry of the Florida Department of State; ☐ search of Probate Court for any estates of deceased predecessors; ☐ other: [____________________].

4. The residences of the Defendants are unknown to Plaintiff, and Plaintiff believes there are persons interested in the Property whose names are unknown.

5. ☐ The age of any unknown natural-person defendant believed to be over 18 is not known; OR ☐ all such Defendants are believed to be over the age of 18.

6. Plaintiff requests issuance of a Notice of Action under Fla. Stat. § 49.08 directed to the unserved Defendants, to be published once a week for four (4) consecutive weeks in a newspaper of general circulation in [COUNTY] County, Florida.

[________________________________]
[AFFIANT NAME]

Sworn to (or affirmed) and subscribed before me by means of ☐ physical presence or ☐ online notarization, this [____] day of [________], [______].

[________________________________]
Notary Public, State of Florida

19. FLORIDA PRACTICE NOTES

Deraignment of title. Strict compliance with § 65.061(3) is required: deraign from the sovereign or for at least 7 years. Failure to deraign properly is grounds for dismissal (Reid v. Bradshaw, 302 So. 2d 180 (Fla. 1st DCA 1974)).

Standing. Plaintiff must be a record-title holder, prior owner who warranted title, equitable owner, or successor in interest (§§ 65.031, 65.061(3)). A plaintiff out of possession may still maintain the action if pleading actual or constructive possession.

Adverse possession without color of title. Form DR-452 must be filed with the property appraiser; failure to file is fatal to the claim. § 95.18(3); § 95.18(4)(b).

Tax-deed quiet title. Under § 65.081, a tax-deed plaintiff has summary-procedure rights under § 51.011 once 4 years have elapsed from the date of the tax deed.

Homestead and marital interests. Conveyance of homestead requires joinder of both spouses (Fla. Const. Art. X, § 4(c)); § 65.071 provides a narrow exception for 30-year separation.

Lis pendens. Mandatory contents listed in § 48.23(1)(b). If not based on a duly recorded instrument, court may require posting of a bond (§ 48.23(3)).

Jury trial. Limited to ejectment issues if any defendant is in actual possession (§ 65.061(1)).

Recording final judgment. Upon recording in the public records, the judgment vests title without need for a separate conveyance (§ 65.061(5)).

Burden of proof. Greater weight of the evidence for quiet title; clear and positive proof for adverse possession (Seton v. Swann, 650 So. 2d 35 (Fla. 1995)).

Mortgage statute of limitations. Under § 95.281, a mortgage becomes unenforceable five years after its maturity date — useful basis for quieting title against old, unsatisfied mortgages.

20. SOURCES AND REFERENCES

• Fla. Stat. Chapter 65 (§§ 65.011-65.091) — Quieting Title
• Fla. Stat. § 48.23 — Notice of Lis Pendens
• Fla. Stat. Chapter 49 — Constructive Service / Service by Publication
• Fla. Stat. § 95.12 — Real-property action (7-year limitation)
• Fla. Stat. §§ 95.16, 95.18 — Adverse possession (with / without color of title)
• Fla. Stat. § 95.281 — Limitation on mortgages
• Fla. Stat. § 689.01 — Deed execution and witnessing
• Fla. R. Civ. P. 1.110, 1.130
• Form DR-452 (Adverse Possession Return)
• Reid v. Bradshaw, 302 So. 2d 180 (Fla. 1st DCA 1974)
• Seton v. Swann, 650 So. 2d 35 (Fla. 1995)
• Med. Facilities Dev., Inc. v. Little Arch Creek Props., 675 So. 2d 915 (Fla. 1996)
• Fla. Const. Art. X, § 4 (Homestead)

END OF TEMPLATE