QUIET TITLE ACTIONS
Whether you have decided to purchase an investment property, are in the middle of a property ownership dispute, or have inherited a piece of property, understanding how quiet title actions work can help you resolve disputes that may occur.
What Is a Quiet Title Action?
Quiet title actions are legal proceedings that are used to resolve property disputes by determining rightful ownership of a piece of property. Included in the process are any buildings, as well as land, that are part of the property and subjects of the dispute. A quiet title action works to essentially “quiet” other parties from challenging your right to the property.
If something on a property’s title isn’t clear, or is disputed and can’t be rectified through traditional means, a quiet title action may be required. Additionally, a quiet title action may be required if you are buying property from the estate of someone who has died or in cases dealing with specific tax deeds.
To better understand how quiet title actions work, let’s take a look at an example. Say you have recently purchased a property from the estate of someone who has passed away. Several years later, one of the heirs of the estate claims they never received notice of the sale of the property and believes it rightfully belongs to him. The heir could then take his case to court, arguing that the property belongs to him. Without a quiet title action, the heir may be granted rights to the property.
How Does It Work?
The requirements for filing a quiet title action vary from state to state, however the process is relatively similar for all states The individual wishing to file the quiet title action must first notify any and all defendants of the complaint, including previous lenders, heirs, and literally anyone else who may try to lay claim to the property. Typically, a court date will be set at which the plaintiff will present evidence as to why they should be deemed the rightful owner of the property. After evidence is presented, the judge will decide who the property rightfully belongs to as well as whose name will be written on the title.
How Can a Quiet Title Action Help Me?
In the example above, if the buyer did not complete a quiet title action, the court may deem the heir of the deceased seller the rightful property owner, revoking the rights of the recent buyer to the property. If the buyer did in fact get a judgment from a quiet title action before purchasing the property, all subsequent disputes would be dismissed in court as the title would be considered clear and the property deemed rightfully his.
Quiet title actions are an important tool that ensures your right to ownership to property while also ensuring the property’s title is cleared so that it can be properly financed or sold later on. Additionally, quiet title actions serve as a preventative measure to safeguard your property from any potential claimants that may pop up in the future.
If you need help filing a quiet title action, contact us today. We will handle the quiet title action so you don’t have to worry about any future property disputes or title issues.