Quiet title actions are lawsuits, put in place with the purpose of resolving the title to a property. Quiet title actions are common in cases where two parties cannot come to an agreement on a title. The lawsuit is set forth to eliminate a claim or challenge to a title. This results in a clear title. Read on to learn more about what a quiet title action works and the process involved.
The Process of Quiet Title Actions
In order to start the process of quiet title action, you should first determine whether this is the best approach. If you believe so, you should first retrieve a copy of the deed from the records office or the county clerk. A real estate attorney can help you put a complaint together for your quiet title action. He or she can also file a lawsuit on your behalf.
Quiet title actions are simply lawsuits imposed by another party who is declared to be the sole owner of the property in question. They also profess that no others have ownership of this property. It is then the responsibility of a judge to rule on these issues. If the judge rules in your favor, a court order or judgment will be issued. Following the proceedings, the title will then be considered “quiet.” This means that no further opposition can take place.
The entire process of filing a quiet title action from start to finish can take anywhere from 30 days to over a year. It all depends on the intricacy of the claim, the state, and the current backlog in the court.
Special Considerations and Costs
Quiet title actions don’t give the new owner the same level of defense as the previous owner. If there are issues with the property, the new owner will be unable to file lawsuits against any of the previous owners. This is unless you obtained the property through a warranty deed.
Furthermore, a quiet title action isn’t always the solution for all titles. Sometimes they can only be used to clear up certain claims or defects in the title.
You can expect to spend anywhere between $1,500 and $5,000 on a quiet title action lawsuit. It depends on the state in which you reside and the intricacy of the claim.
Fighting a Quiet Title Action
If you find yourself at the other end of a quiet title action, you may wonder whether you have the legal right to fight it. The answer is yes. You can fight a quiet title action by generating a deed and other relevant information that proves you are the sole owner of the title. You must also prove that the other party’s claim was made in error. You should plan on appearing at all legal hearings to bring forth your arguments. It can be helpful to hire an experienced attorney to help in your defense.
Quiet title actions are lawsuits designed to resolve disputes regarding property. Titles are deemed quiet if they are not clear. These titles arise from boundary disputes, liens, easements, adverse possession, or even estate sales. It is in your best interest to hire a knowledgeable attorney to help you work through the process.