A quiet title action is a lawsuit used to resolve any disputes or ambiguities regarding the ownership of a property. You may need a quiet title if there are any outstanding claims or liens on the property, if the property’s ownership is unclear, or if there is any question as to the validity of the property’s title.
It’s important to thoroughly research the title of a property before purchasing or transferring ownership to avoid any potential issues. If you encounter a title problem, it may be necessary to seek a quiet title in order to resolve the issue and transfer ownership of the property.
A quiet title action is long and drawn out process that involves formally serving all persons with an interest in the property with a complaint, and giving them time to answer the complaint. After all parties are served, the court must be petitioned for a judgment and a hearing may be held to determine the validity of all interests in the property.
Often, real estate professionals might recommend a quiet title when one is not needed. It’s critical to have an experienced title professional with a deep understanding of the law of liens and encumbrances examine your file to make a final determination. There may be other avenues available to you.
It is important to note that if you bought a property with a prior mortgage or lien that is found to be valid by the court, the court will likely decline to extinguish the lien. In this respect, quiet title cannot usually be used to make up for the error of having bought a property without performing thorough title search. However, other avenues may be available to you, which might include negotiating to purchase the lien for less than the amount due.
It’s always a good idea to consult with a real estate attorney or title company if you have any concerns about the title of a property. They can help advise you on whether a quiet title is necessary and guide you through the process.