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Quiet Title Action Is a Procedure Used in Real Estate

April 24, 2012 | Comments: 0 | Views: 113

The term quiet title action refers to a lawsuit that is filed when there are questions about who has claims to the title to real estate property. When this is filed, it quiets all claims against the property. If there are claims or challenges, the resolution or judgment of the court silences these claims. This process is used whenever a real estate transaction goes through where questions arise about title ownership. This can occur for many different reasons. If there was an inaccurate description recorded, there could be problems. There could also be problems with a title if someone failed to record mortgage information about it, or if a property was part of an estate that was never probated properly.

To complete a quiet action title, all possible claimants must be notified. A claimant is considered anyone that could possibly have a claim or challenge on the property in question. If the court system can prove that the person filing this action legally owns the property, a quiet title action is granted. This gives this person full legal rights of ownership to the property and its title. This process is often difficult, expensive and time-consuming. It can take a long time to find all of the potential claimants of a piece of property. You must hire a lawyer to represent you in this, and the process may take months to complete. This process can be avoided in some cases, but not always.

One of the most common times when a problem exists with a title is when a person purchases property through a tax sale or tax auction. These properties often have problems with titles, and in many cases it is because they were not recorded properly. Instead of going through the hassle of filing a quiet title action, you have alternatives. If you choose to do this, you can plan on spending thousands of dollars, and you still might not be able to obtain a clean and clear title for the property. The alternative is to hire a company that can handle this for you. There are companies that specialize in this exact problem. The difference is that you will save a lot of money and you will be able to purchase title insurance much faster. By using this alternative, you will spend approximately one-fourth of what you would pay an attorney. In most cases, you will receive your property certification in less than two months. The difference in time and money saved make this alternative worth looking into.

If you decide to use an attorney for a quiet title action, you will be the plaintiff in the case. You are the plaintiff because you want the court to determine that you are the legal owner. That way if any claims are filed against you in the future, you have a judgment from the court declaring you the rightful owner. As the rightful owner you are free to enjoy or resell the property without the worry of other claims on the property. To learn more about this type of lawsuit and the alternatives, find an experienced company that offers this type of service. You will save money and you will have a clear title in your hand sooner.

Consider a quiet title action if there are any concerns about ownership of a property you are interested in. To speak with experts in this field, just go to

Source: EzineArticles
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