As a property owner having and maintaining a clear title on the property is a must. One way to determine true ownership is to file a quiet title action against others who may try to claim that they own the property. Let’s take a closer look at quiet title action and what it can accomplish.
What is a Quiet Title Action?
A Quiet Title action is a lawsuit that is filed to establish or settle the title of a property. The title is the document that states who owns the property. If the title is not clean, the owner can face problems when trying to sell or when procuring financing for the property.
This lawsuit makes sure that conflicting claims to ownership on a property are “quieted”, and removes any clouds that may arise. A cloud is a claim or a potential claim to ownership of the property. This cloud can claim partial or full ownership of the property.
Once the plaintiff files a quiet title action in a court of law, the defendants are notified and given time to respond. They have a certain amount of time to respond to the complaint, and if they do not respond, the plaintiff will be awarded a clear title.
Reasons to File a Quiet Title Action
There are several reasons why a property owner may choose to file a quiet title action. These could include the following:
- Heirs Wanting to Claim Ownership: When a homeowner or landowner dies, heirs to the property could have been named in the will. However, the homeowner could have agreed to sell to another party but died before the sale could be finalized. The heir and potential buyer both have a valid claim to the property, giving them a reason to file a quiet title action.
- Vague Property Boundaries: The property boundaries may be uncertain for many reasons. This may arise from neighbor disputes or a lack of property surveys.
- Outstanding Liens on the Property: A quiet title action will clear up any outstanding liens on the property. There could be a lien on the property from the city for unpaid taxes, or due to administrative errors.
Who Can File a Quiet Title Action?
Each state has its rules on who can file a quiet title action.in some states only the lender who holds the mortgage is allowed to file. In other states, anyone who had an interest in obtaining the property can file.
Contact Reddy & Feldhake, P.C. to File Your Quiet Title Action
If you’ve decided to file a quiet title action to establish true ownership of your property, contact us here at Reddy & Feldhake, P.C. to help you along the way. An experienced attorney will be a great asset in resolving any property title issues.
Once you contact us, we can set up a free consultation to see how we can be of assistance to you.