The basics of quiet title actions

Quiet title actions are an important process for realtors to understand. A quiet title action can help clarify the ownership of a piece of property. They are a great way to make sure you have a clear title on a property and that no defects on the deed remain unresolved.  

What is a quiet title action?

A quiet title action is a legal action that resolves any claims other parties may have on a piece of property.

Quiet title actions are generally used to establish clear ownership of a property. In doing so, they can conveniently clear up many issues, including:

  • Old mortgage payments
  • Errors on the deed
  • Lienholder claims
  • Uncertain property boundaries
  • Easements

What happens in a quiet title action?

In these actions, the plaintiff is the party trying to prove that they are the owner. The defendant is anyone else who believes they have a claim on the property.

During a quiet title action, a judge will review the claims on the property and resolve any of the issues previously mentioned.

At the end of the process, the quiet title action should produce a clear title that establishes true ownership of the property.

Who should file a quiet title action?

There are many situations where filing a quiet title action makes sense. Many of these situations revolve around a piece of property changing hands. This is because it is necessary to obtain a clear title before selling and/or financing a piece of property.

A quiet action is considered a “friendly lawsuit.” This means that there doesn’t have to be an opposition to file the action. Thus, realtors often use it as a preventative lawsuit to obtain a clear title.

However, quiet title actions may not resolve every dispute about ownership. For proper guidance, you should speak with a real estate attorney about any specific property ownership issues.

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