A slander of title is a legal claim that occurs when someone makes a false statement about real estate ownership. As a result, that false statement causes damage to the property ownerโs interest in that property. In Florida, Slander of Title is a tort, which means that it is a civil wrong that can be remedied via a lawsuit.
In a slander of title action, the plaintiff must prove five elements: โ(1) A falsehood (2) has been published, or communicated to a third person (3) when the defendant-publisher knows or reasonably should know that it will likely result in inducing others not to deal with the plaintiff and (4) in fact, the falsehood does play a material and substantial part in inducing others not to deal with the plaintiff; and (5) special damages are proximately caused as a result of the published falsehood.โ Bothmann v. Harrington, 458 So. 2d 1163, 1168 (Fla. 3d DCA 1984). โ[T]he plaintiff has the burden of establishing falsity.โย Id.ย at 1169.
โSlander of title arises upon the malicious publication of a falsehood concerning title which impairs the vendibility of the property.โย Miceli v. Gilmac Developers, Inc., 467 So. 2d 404, 406 (Fla. 2d DCA 1985). A Plaintiff must prove that Defendants โknew or reasonably should have knownย at the time of publicationย that the [allegedly false] publication would likely result in inducing others not to deal with the plaintiff.โย Phillips v. Epic Aviation, LLC, 234 F. Supp. 3d 1174, 1211 (M.D. Fla. 2017).
A supposed failure to release a validly recorded mortgage is not enough to support the Plaintiffโs claim for slander of title. See Tishman-Speyer Equitable S. Fla. Venture v. Knight Invest., Inc., 591 So. 2d 213, 214 n.3 (Fla. 4th DCA 1991) (โwe doubt that actionable publication can occur after the contents of the publication has become part of the public recordโ).
A Plaintiff must prove that the alleged falsehood played a โmaterial and substantial part in inducing others not to deal with the plaintiff.โย Bothmann, 458 So. 2d at 1168. To satisfy this element, โthe plaintiff must present specific evidence showing exactly how the falsehood induced others not to deal with the plaintiff.โย Trigeorgis v. Trigeorgis, 240 So. 3d 772, 775 (Fla. 4th DCA 2018).
Finally, โthe plaintiff must always plead and prove special damages.โย Bothmann, 458 So. 2d at 1170.ย Special damages โare those that do notย necessarilyย result from the wrong or breach of contract complained of, or which the law does not imply as a result of that injury, even though they might naturally and proximately result from the injury.โย Land Title of Cent. Fla., LLC v. Jimenez, 946 So. 2d 90, 93 (Fla. 5th DCA 2006)ย (citingย Bialkowicz v. Pan Am. Condo. No. 3, Inc., 215 So. 2d 767, 770 (Fla. 3d DCA 1968);ย see alsoย 17 Fla. Jur. 2d Damages ยง 8).
For more information about slander of title actions, contact one of our experienced real estate attorneys at 305-570-2208. You can also email attorney Eduardo directly at eduardo@ayalalawpa.com.
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