Comprehending the workings of a quiet title action is essential to decide whether it is an appropriate choice for your situation but never more so for professionals involved in real estate who can utilize this procedure of seeking quiet title claims to a real property or multiple properties. Done correctly, it is extremely efficient in determination and establishment of true and defensible ownership.
In the past, quiet title actions have been utilized by family members, co-owners, or co-borrowers when they have disputes regarding the interests and contributions of other parties seeking to obtain real property ownership. In states where there is non-judicial means of foreclosure, this can be used to challenge the legitimacy of trustees and lenders whose names may appear on a deed of trust belonging to a borrower when they no longer exist or no longer have any interest in the underlying real estate.
Purpose And Process
Ultimately, the quiet action title process serves the purpose of establishing the title of a real property and makes a determination as to who has a legal interest in said real property. It can also be a tool in the resolution of other outstanding issues. A court may use their discretion to hear and examine motions brought by another party that requires a judicial resolution. There is not a requirement for the initiation of active disputes, but it is a way of assuring ownership of a real property is clear and free. A buyer, new homeowner or plaintiff may file an action, and this will incorporate anyone in the past or present chain of title of the real property who have a have a legitimate claim on the premises. One large advantage of a quiet title action is once the determination has found to be in the plaintiffs’ favor, no further ownership disputes and challenges will be as likely in the future.
A quiet title action may have many different outcomes depending on the process the filing has to endure. Consider the following example:
When a real property has been inherited, the potential buyers as well as the inheritors and the new homeowners may desire a quiet tile action to offer protection to both the buyer and seller. If a mortgage is part of the process, the borrowers may have to file, regardless of the ownership status of the property. They can also address and clean up any liens that may be outstanding on a property when errors have been called by incorrect administration. This can be frequently witnessed with properties that have been foreclosed on, where the sheer weight of properties in that status can cause errors in the processing systems.
Quitclaim deeds can also be handled with quiet title actions. The benefit of a quitclaim deed is they do pass on actual property ownership. But this does not mean a clear title is the assured result and this equals potential ownership issues going forward. A quiet title action completes straight away upon the purchase of a property via the use of a quitclaim deed secures ownership.
Six to twenty-four months is the standard time it takes for the competition of a quiet title action. It may be a little longer or a little shorter depending on court docket capacity and attention on other matters if there are unresolved issues.
Consulting An Attorney
Litigation can be the result of real property conflicts, so having a real property attorney in your corner is vitally important. They can do the research you need to ensure you are fully protected against possible disputes and problems. It is essential that real estate professionals be fully aware of the quiet title remedy when they want homeowners to have confidence in the validity of the real property that they are selling or purchasing and title problems arise.
Source: Weiss, Thomas. “Understanding the Basics of Quiet Title Action.” Thomas Weiss & Associates A Premier Long Island Real Estate Attorney, 13 July 2018, lirealestatelitigator.com/the-basic-of-quiet-title-action/.
Real Estate Expert Witness Services by Craig Cherney, Esq.
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 www.craigcherney.com
Disclaimer: This Post Is Not Legal Advice.
You should not ever depend on an online post for legal advice as the law and codes changes often, information sometimes might not be accurate, there can be exceptions to the rule, and wholesale reliance on such matters could be damaging. Always consult with experienced attorneys for current, effective, and factual legal advice.