Quiet Title Action Process - Craigcherney.com

There are certain situations which could lead to questions about who has the right to the title of a property. Read on to learn more:

Property Boundaries Uncertain: It may be unclear where the exact property borders are.
Easement on Property: There may be an easement on the property, such as a shared driveway, which may cause property ownership to be questioned.
Old Mortgage Payoffs: A previous owner may claim that an old mortgage was paid off, but may not have any physical record or proof of the payoff.
Claims By Lienholders: There could be claims by other lienholders on the property, such as a lien by the city for unpaid taxes, which do not have documentation to show that they were discharged.
Heirs Attempting to Claim Ownership of the Property: If a homeowner dies, their property is often sold in what is known as an Estate Sale.
Errors on the Deed: There may be clerical errors on the deed which need to be resolved.

Table of Contents

Clear Title

A clear title is essential when you are trying to obtain financing for the property or when you are trying to sell the property to another buyer.

Quiet Title Action

A quiet title action is a lawsuit that is performed to establish clean title and ownership of a property. If you do not have a clean title, you will face issues when trying to sell the property or obtain financing for the property. This type of lawsuit normally cleans up specific known issues on the title. Therefore, specific defendants must be named as defendants in the lawsuit, such as old lienholders or former owners and their heirs.

Who Can File a Quiet Title Action

It depends on the state. Each state has specific laws about who is able to file a quiet title action. Some states only allow the lender who holds the mortgage to file this type of lawsuit.

Parties in a Quiet Title Action

Plaintiff: The person or group who is trying to establish ownership of the property.
Defendants: Anyone who the plaintiff believes could try to claim ownership in the property.

Filing a Quiet Title Action

The plaintiff must file a quiet title action in a court of law. The defendants will be notified and given time to respond to the complaint. Based on state law, the defendants will have a certain number of days to respond to the complaint. If the defendants do not respond or do not contest ownership, the plaintiff will be granted clear title.

Costs

Filing this type of lawsuit could cost the plaintiff anywhere from a few hundred dollars, to a few thousand dollars, depending on court costs, the ability to contact the defendants, and attorney’s fees.

Source: https://www.thebalancesmb.com/using-quiet-action-to-establish-true-ownership-4160987

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