Purchasing a property is a major undertaking. One step in this process is making sure that the title is clear, which is sometimes a challenge. In some cases, a quiet title action is necessary.
A quiet title action can help to resolve certain issues when ownership of the property is disputed or unclear. This can help to clear up things like old liens, messy records or lingering disputes.
When is a quiet title action indicated?
A quiet title action might be necessary if the property was inherited or if it was purchased through a tax sale or after a foreclosure. This is usually because there was at least one other claim of partial ownership of the property. It’s also commonly used when a property is purchased through a quit-claim deed.
These actions can help to clear up the title and provide the full legal rights to the rightful individual. In some cases, it can help to clear up boundary descriptions if one was done improperly during a previous deed transfer. Quiet title actions are also used to remove old liens that weren’t ever released.
How does a quiet title action work?
The person who files the action asks the court to declare them the rightful owner of the property. Anyone who may have a claim against the property has a chance to respond to the claim. If nobody comes forward or if the court finds that the claims against the property are invalid, the person who filed the petition will be given a court order confirming ownership. This can give buyers and lenders peace of mind.
Quiet title actions don’t happen overnight, but the process must be handled precisely. Working with someone familiar with these actions is critical since it can be complex.