Tax Deed Purchasers Acquire Property Free and Clear of Liens for Assessments

Cricket Properties, LLC v. Nassau Pointe at Heritage Isles Homeowners Association, Inc., 2D12-6194 (Fla. 2d DCA 2013):

Cricket sought review of the final judgment in its action to quiet title to real property it acquired by purchase of a tax deed. The final judgment did not quiet title as to any lien Nassau Pointe may have had for unpaid assessments. Nassau Pointe successfully raised the defense to the trial court that Cricket was liable for all unpaid assessments that came due up to the time of transfer of title under §720.3085(2)(b). Cricket argued that the statute was inapplicable and that §197.573(2) applied.


Delray Beach city leaders want to sell a piece of land off West Atlantic Avenue, but cannot because they do not know who owns it. The only information known about the last owner is that his name was John Smith and he was alive in 1931. Smith filed a petition that year claiming to be the only heir of George S. Sails who owned the land. Investigations have been unsuccessful in locating John Smith or his heirs.

City leaders want to package several empty lots to sell for development of offices or shops. While the surrounding land is already up for sale, developers only seem interested if the additional piece of land is included. The Community Redevelopment Agency does not want to sell the land and end up in court with Smith’s heirs. Delray Beach lawyers contacted a title search company to certify the last recorded property transfer. The city plans to go to court and petition for a quiet title action to take over the land.

A quiet title action is a lawsuit filed in order to perfect or define a property owner’s rights and to remove actual or potential adverse claims on a property’s title. The action is designed to “quiet” the title to property by removing questions concerning ownership, liens, and other issues adversely affecting title to a property so that you will be able to dispose of or otherwise utilize the real property as you desire.

If your property is subject to adverse claims, Schecter Law is fully prepared to prosecute or defend your quiet title claim, as well as assist you in finding creating and cost effective solutions to your title related issues.