Quiet Title Action
A quiet title action is a legal proceeding that can be used for two purposes: 1) fixing or “curing” a title issue or 2) settling property disputes regarding ownership. Educating yourself regarding your property is important before you make a final decision. While the following will help you understand quiet title actions, contacting an experienced real estate attorney at Thaler Law will help you understand your rights and your legal options with regard to your quiet title action.
Quiet Title Action 101
A quiet title action is a legal process that determines final ownership of real property. Any party with a claim to the ownership in the real property can file a quiet title action, which then “quiets” any other party claiming ownership of the land in the future. If the party succeeds in its quiet title action, no other party can ever challenge the property owner’s rights to the property in the future.
A Quiet Title Action
There are several reasons that could lead to a quiet title action lawsuit. These include:
- Uncertain property boundaries due to surveying errors, an easement on the property, or boundary disputes with a neighbor
- Errors on the deed
- Estate sale or competing claims between heirs or lien holders or a municipality for back taxes owed
- Treaty disputes that disagree regarding boundary placements
- A forged deed or coercion caused a fraudulent conveyance
- A new possessor attempts to obtain title through adverse possession
There are more instances that lead to a quiet title action, and the real estate law is complex regarding these cases. While you can handle a quiet title action yourself, the legal expertise and knowledge required is substantial.
Quiet Title Action
If you have decided to move forward with a quiet title action process, the following are the basic steps needed to properly handle the legal proceeding.
- Research: A great deal of research is needed to determine if there is a title defect and how to “cure” it. Examining the appropriate country records and title abstract is only part of the research process needed to obtain satisfactory title insurance.
- Quiet Title Petition: After researching applicable state law, a draft of the quiet title petition is required. Additionally, other “ancillary pleadings” are needed, which can include notice of publication, summons, etc.
- File and Serve Your Quiet Title Action: After you file the lawsuit, you must serve it correctly on all parties involved. If you fail to serve a party correctly according to the law, they may still have a claim to your property in the future.
- Judgment: If no one files against your quiet title action, you will likely obtain a default judgment if you file a Motion for Default Judgment. If you have parties filing against you, then the matter will proceed to litigation.
- Enforcement: After you record the judgment with the clerk of the court, it becomes part of the permanent record of the property, and enforceable against anyone who may seek to claim ownership in your property in the future.
Contact Thaler Law
Quiet title actions are extremely complicated, and the legal process from beginning to end is complex. However, you have the right to enjoy the property that you own, without others claiming ownership of it. Visiting with an experienced real estate attorney from Thaler Law, can help you understand your legal rights regarding your quiet title action. Contact us at 866-271-5290 or online today for your free consultation.