Fraudulent Deeds

By Doron Weiss

When confronted with a possible fraudulent deed, there are several legal options available to help determine the status of such a deed and the true owner of the property.  One is to sue for a declaratory judgment.  Under this procedure, any person claiming to be interested or who is in doubt about his/her rights under a deed may have any question of construction or validity arising under such deed determined by a court and obtain a declaration of rights or status.

Another option is an action to quiet title.  Quieting Title is governed under Chapter 65 of the Florida Statutes.  There are two elements in a cause of action to remove a cloud on title; the plaintiff must prove facts showing: (1) its own title; and (2) the existence and invalidity of the instrument or record sought to be eliminated as a cloud upon the title.  Stated differently, a complaint to quiet title to real property should show title in the plaintiff to the land in controversy, that a cloud exists on such property and facts which give the claim apparent validity as well as those which show its invalidity.  A suit to quiet title requires a plaintiff to rest upon the strength of its own title and the lack of right in the opposing party.  The plaintiff must also show documentary title or title by adverse possession, and that it is actually or constructively in possession of the land or that the opposing party is not in possession.

Finally, an ejectment action may be a possibility.  This is governed under Chapter 66 of the Florida Statutes.  In general, the elements of an ejectment action are that the plaintiff has: (1) title to the land; (2) been wrongfully dispossessed or ousted; and (3) suffered damages.  Amongst other things, a party seeking ejectment must establish that it has title.  A plaintiff seeking ejectment must recover on the strength of his/her own title, and a defendant may rest on a mere denial of plaintiff’s asserted title.  Additionally, an ejectment plaintiff must also prove a present right of entry. 

Because fraudulent deeds are voidable (as opposed to wholly void), a business confronted with a deed that may be fraudulent must be aware of the legal options that may exist with respect to determining the status of the deed and, ultimately, the proper owner of the property at issue.

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Article Concepts:  fraudulent deed, quieting title, declaratory action, ejectment, voidable versus void.

 

 

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