Quiet Title Action And How to File a Quiet Title

In real estate law, having the title to a property indicates you are the legal owner of the property. As a result, you have complete freedom to live on or sell the property. Property ownership, on the other hand, is not always easy, and disagreements about who owns the title and the property itself are common.

The person whose ownership rights are being challenged may need to take legal action to resolve the conflict and reclaim their title. This would be referred to as a “silent title” action. Associated issues usually arise when another party believes they have a claim to the property as well. As a result, the goal of a quiet title action is to get rid of the other party’s claim so that the title can be regarded free and clear.

For a variety of reasons, a second party may claim they are entitled to the property and contest the rights of the true title holder. When family members debate about whether the title was lawfully transferred from the previous property owner to the new owner, this is an example. This scenario is also prevalent when the property has many owners.

To summarize, the party whose ownership is in question files a quiet title litigation. This is done in order to get a court injunction prohibiting anyone else from claiming ownership of the property. Quiet title actions are meant to put an end to the competing claims to the property. A “cloud” on the title, or a title flaw, is a term used to describe a title dispute.

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What Are the Benefits of Establishing Property Title?

Title gives a party a legal or equitable stake in a piece of real estate, according to property law. The transfer of real estate might be complicated by past ownership issues as well as a murky title. Another reason why it’s important to establish property title is that you should get title insurance when you buy a house. Obtaining title insurance on a property with a clouded title, on the other hand, is extremely difficult.

Early on in the process, establishing title to property is also beneficial. Before a property changes hands, a title study will reveal whether there are any lingering issues with the title, which can be costly and time-consuming to resolve. Any title concerns, like as ownership disputes or recording errors, can be resolved by a quiet title litigation. This would also ensure that other parties with a claim to the property’s ownership interest would not object to the sale.

Some of the most typical claims for quiet title include, but are not limited to, the following:

A disagreement about a property’s mortgage or obligation;
There’s a territorial conflict; or
Someone used an easement on the property, but the easement was never documented on the property deed.
Simply put, establishing title to property is advantageous since it makes future purchases and sales much easier. It gives clarity in cases where there isn’t a clear title to the property.

When Do You Get a “Cloud on Title”?

Because silent title actions center around a cloud on title, it’s a good idea to go over what a cloud on title is and when it happens. If there is a cloud on the title, it is likely that there is some legal irregularity with the title paperwork.

The following are some examples of legal issues:

The property was wrongly specified on the title document, for example, the land borders were entered incorrectly.
A long-standing easement on the property was not actually documented on the title document, as previously mentioned.
Property tax issues, such as the city claiming that the new owner’s title is invalid due to unpaid taxes;
Under pressure, or via other fraudulent means, the title was transferred to the new owner; or
Other concerns with properly documenting the title include forgetting to note an old lease on the property.

What Does a Quiet Title Action Entail? Who is eligible to file a Quiet Title Action?

To recap, a title holder brings an action to quiet title when their claim to the title is challenged by someone else. This third party also claims title and ownership of the land. The quiet title process settles the disputed party’s claim, allowing them to reclaim a title that is free of disputes. While the title owner wishes for the dispute to be settled, the court will decide who owns the property based on a number of factors. As a result, either party may be able to claim ownership of the property.

Each state has its own laws governing quiet title actions, as well as criteria for bringing a quiet title action. Most states require that the individual filing a claim for quiet title have possession of the real estate at the time of filing. If the property is subject to a mortgage, several states will require the mortgagee or lender to file the quiet title action. An experienced local attorney can best explain what is required to be eligible to file a quiet title action.

The length of time it takes to complete a quiet title action will vary substantially depending on the circumstances of each case. The legal process for obtaining a quiet title can take up to six months.

The procedure differs from one state to the next. The procedure is as follows in general:

Obtain a copy of the deed, which will reveal whether the property is subject to any liens. This can be done through the county assessor’s office in your area.
Check documents to identify the specific borders and description of the property in question, so you know what you own and why there might be a disagreement.
In your jurisdiction’s relevant court, file a complaint for an action to quiet title. Ensure that the complaint accurately outlines the title owner’s claim to the property as well as the circumstances of the disagreement that warrants the quiet title action.
Include the names of any parties opposing the title, as well as the reasons for their disagreement; and
Any parties interested in the quiet title action should be served with a copy of the complaint.
It’s worth noting that the court will only grant the property owner’s motion to quiet title if the proof shows that they are the rightful owner of the land. If this is the case, the person who filed the lawsuit may be able to gain a clear title. If the court judges that other parties have a valid claim to the title, the good title will be transferred to the property party.

Any outcome will be filed with the county where the action takes place. As a result, it will be public record, potentially avoiding further arguments.

Quiet title actions are usually resolved by establishing free and clear ownership of a property, as well as resolving any potential flaws discovered during a title search. Another approach would be to clear outstanding liens caused by administrative errors, which are prevalent when the number of foreclosed properties increases as a result of the increased volume of transactions moved as a result of foreclosure. Quiet titles can also be utilized to remedy concerns with quitclaim deeds, however they do not ensure a clear title.

There are a variety of reasons why you might want to file a “silent title” document. You might be confused whether you own all of the rights to a piece of property you’re seeking to sell, for example. An easement may have been granted to someone else by a previous owner, for example. If you wish to sell the property, you’ll need to clear the title. Alternatively, you might want to quiet title if someone claims a lien that you don’t believe is valid. You must first draft a petition before filing a quiet title action.

Understand the title “quiet.”

When you need to settle a disagreement over a piece of property, you file a petition to quiet title. The action “calms down” the argument, hence the term. Anyone who might claim an interest in the property would be named as a defendant in a quiet title litigation. Suits to quiet titles are most common in the following situations:

You wish to challenge a mortgage or debt on a property that someone else owns.
You’re not sure where the line is.
Someone has taken use of an easement on your land that was not recorded on the deed.

Obtain a duplicate of your deed.

You can request a copy of the deed to discover if the property has any liens on it. A mortgage, for example, could have been recorded but never released. Another possibility is that someone is abusing your land by claiming to have an easement that isn’t specified on the deed.
You might also wish to hire a title company to look into the chain of title. You might find liens or other encumbrances recorded on previous deeds if you run this search. Anyone with a lien or other interest in the property could reappearance and claim to still have a stake in it. As a result, a title search will reveal any “clouds” in your title. Anyone who owns these historic property interests might be named as defendants in your quiet title lawsuit.
You can look for title businesses online or in the Yellow Pages.

Consult with a lawyer.

You should consult with an attorney to determine whether you need to file a quiet title action. An expert attorney can review the facts of your case and provide guidance that is specific to your circumstances.

Visit your state’s bar association, which should have a reference service, to find an experienced lawyer. You should look for a lawyer that specializes in real estate or property law.

Obtain a form. To launch a quiet title action, you must first file a petition with the court. A petition is the first step in the process. Some courts may have “fill-in-the-blank” forms available for you to utilize.

Inquire with your court clerk if a form is available for your court.

You must file in the county in where the majority of your property is located. This court’s address can be found on the internet or in a phone book.

Make a petition of your own.

If your courthouse doesn’t have a form for you to fill out, you’ll have to create one. Set the font to a standard size and style in a word processing document (e.g., Times New Roman 12 point). Make sure the document is double-spaced.

Add a caption and a title to your image.

The caption should be placed at the top of the document. The name and location of the court, as well as the parties and the case number, are listed in the caption. It’s also possible that the judge will be named. The “Plaintiff” is the individual who files the petition. The “Defendant” is someone who might have a claim to your property.

The court name should be at the top, followed by the parties on the left, and the case number on the right. When you file the petition, you will be given a case number.

You should identify “John Does 1-100, or any other individual, known or unknown, having an interest in the property” as defendants in your suit, in addition to anyone you know who claims an interest in the property. Your lawsuit will be binding on everyone who has an interest in the property, even if you don’t know them.

You can insert the petition’s title a few lines below the caption. In bold, all caps, write “Action to Quiet Title” or “Complaint to Quiet Title.”

Make a name for yourself. Important information concerning the disagreement will be included in the body of your petition. Your paragraphs should be numbered. Your name, address, and whether you are representing yourself “pro se” will all appear in the body. Include the name and address of your lawyer if you have one.

Determine the property’s location.

Both the legal description (found on the deed) and the street address or common identifier should be used to identify the property.

Identify the property in a separate paragraph. “This is a proceeding to quiet title to real property owned in fee simple by the Plaintiff and located at 144 Mayflower Road, Burr Ridge, Illinois, as more specifically detailed in Exhibit A attached hereto.”

Remember to include a copy of the deed as Exhibit A in your complaint, which includes the legal description of the property.

Describe how you obtained the title. When you buy a house, you should tell people when you bought it.

Determine who the defendants are. Identify any named defendants in numbered paragraphs.

Add any additional pertinent information.

Depending on your situation, these facts are relevant. You should specifically explain why the defendant’s asserted interest is unfounded.

Add a last paragraph.

A prayer for relief should always be included at the end of the petition/complaint. The court will need to know what kind of relief you’re seeking.

Add a signature block to the document.

You must sign the petition and include a verification statement to prove that you are the owner of the petition.

If necessary, include a notary block.

It’s possible that you’ll need to have your petition notarized. If that’s the case, you can look up a notary block for your state on the internet. Along with your state, type “acknowledgment” or “notary.”

Attach a service certificate.

You must indicate how you served notice of the suit on the defendants at the end of your paper. You can type anything like this at the bottom of the petition:

Fill out the petition and submit it.

You must collect all attachments and submit the entire motion to the court clerk. Make many copies and have all of them stamped by the clerk. Each defendant will receive one copy, and you will receive at least one copy for your records. The original will be filed.

Should I Seek Legal Advice if I Have a Quiet Title Problem?

As you can see, silent title issues are complicated, and resolving them necessitates a working understanding of several state laws. If you have any concerns about silent title, you should speak with a knowledgeable and local real estate attorney. An expert lawyer can assist you in determining if you have a claim and, if so, how to proceed with legal action.

Real Estate Expert Witness Services by Craig Cherney, Esc.

Craig Cherney is a trusted client advisor and a sought after real estate expert witness who is hired by the nation’s top Real Estate Litigation Attorneys to help resolve their litigated real property matters. Craig has appeared as a testifying expert witness before judges and juries in California, Arizona, Nevada and other jurisdictions across the country. Craig Cherney, Esq. Expert Witness Real Estate. 480-399-2342.

How to be Successful In Quiet Title Action And How to File a Quiet Title