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Filing a Quiet Title Lawsuit

April 24, 2012 | Comments: 0 | Views: 172

A quiet title is a lawsuit that is filed to "quiet" other individuals who may contest your ownership of property. With a quiet title judgment in hand you will be able to obtain title insurance for real property. Anyone who purchases property with a mortgage is required by the lender to pay for property insurance and title insurance. These insurance products protect not only the lender but also the owner. Title insurance is insurance that is designed to protect the title of property. It ensures that you will obtain full ownership rights when you purchase the land, and that no one else can come along with claims of ownership rights for the property. If you are involved in acquiring distressed property, you may run into a problem with the title insurance. It may show that there are claims against the property, or there may be claims you don't know about. If this happens, you will not be able to obtain title insurance. You will be required at this point to pursue a quiet title lawsuit.

This lawsuit is generally handled by an experienced real estate attorney. By hiring an attorney to complete this action, he will file a lawsuit against any claimants on the property. The goal of this is to remove these claims and leave the property title clear. As you can imagine, this is not a simple process. It is not something that you can obtain overnight. In fact, this process can often take up to one year to complete. When the lawsuit is finalized, the judge will most likely grant a judgment of quiet title. This means that the property title is clear and that no one has any legal claims against the property. The judge must rule this way for you to obtain a clear title. If the judge does not rule like this, you may be required to reimburse the other claimants. These claims can be for a number of things, including liens. If a contractor performed work to the property and was never paid, he may file a lien on the property. This means that the property owner cannot sell this property unless this lien is paid.

If you obtain property through a tax deed sale or other type of situation like this, the property might have liens and judgments against it. This is a really big problem because you cannot do anything to the property until these problems are cleared up. You may have to pay the judgments and liens, and hire an attorney and file a quiet title lawsuit if there are others claiming ownership. Be prepared to pay thousands of dollars to your attorney for this service. If you do not want to spend this much money, you can look for an alternative way to handle this.

There are companies that offer the same type of services for lower prices. You can receive the same results, but the process will not take as long and will not be as expensive. Whichever method you decide to use, be sure to start the process as soon as you can. The faster you complete the process, the sooner you can sell the property, if desired. A quiet title lawsuit might be your best option. In either case, you need property that is clear of claims. You'll need title insurance too, to sell the property for its maximum value and this cannot be obtained until this process has been settled.

To obtain a clear property title via a quiet title California residents have some professionals they can talk to. For more information, go to

Source: EzineArticles
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