Quiet Title Action Arizona
A quiet title action lawsuit decides who a piece of real estate is owned by. Essentially a court makes a determination regarding the ownership of a property title. When there are questions regarding the boundary, a lien holder may have claims, an old mortgage may be in question or when there is an easement without a description that has been recorded – a quiet title action is normally filed.
When To File
If parties are willing to work together and make agreements, a lawsuit is not always needed. Issues can be addressed by a deed amendment or with other documents giving rights to the owner. When parties cannot reach an agreement and/or deeds for the property cannot be found or established the best way forward is normally to file a quiet title action.
Quiet Title Uses
A quiet title can help in many ways as it can remove any defects on the title and can extract unrecorded claims. This includes issues such as constructive trust claims and adverse possession claims. However, there is a risk involved. There is no guarantee a lawsuit will be successful even if it not contested but disclaims all right and title adverse to the Plaintiff ,the defendant shall recover their costs. Arizona law permits the sending of a letter twenty days before the commencement of a Quiet Tile Lawsuit. The letter must include a quit claim deed to the real property and five dollars. The letter demands the Defendant executing and returning the Quit Claim Deed. If the defendant does not return the document. The plaintiff is protected legally from an award of costs and they may be rewarded a portion or all of the attorney fees of the plaintiff if a lawsuit is required.
How To File
Firstly, obtain a copy of the property dispute and discover if there are liens on the property. Then speak with an attorney to ensure correct procedures are performed. Then get a quiet title action form and file a petition with the court. The form will ask you to answer all the relevant questions to your situation. You then file your petition in the county where the property is located – this usually includes filing fees. Lastly, send a copy or copies of the petition to all of the involved defendants. You will also have to fill out a proof of service form.
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