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What is a quiet title action in simple terms?
How does it work?
In this article, I will break down the notion of Quiet Title Action so you know all there is to know about it!
Keep reading as I have gathered exactly the information that you need!
Let me explain to you what an action to quiet title is all about and what’s crucial to know!
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What Is A Quiet Title Action
A quiet title action is a type of lawsuit filed in order to set or resolve the title to a property.
It’s called a “quiet” title action as the plaintiff’s objective is to “quiet” a claim, dispute, disagreement, or objection relating to the title of the property.
Legal Action Against Others
When a person intends to challenge another person’s title in a property, he or she can file a quiet action title in order for the court to determine who is the legal owner.
The action title can be filed against one person or many people in order to clarify title rights or eliminate any sources of dispute relating to the title of a property.
Ultimately, the court will determine who will have a “quiet” title on the property thereby eliminating the possibility of further legal challenges on the property title.
Legal Action Against Previous Owner
An action to quiet title is a type of action that is typically filed against other parties who may assert a claim or challenge another’s property title.
However, this type of legal action is not effective when a property buyer intends to file a lawsuit against the previous buyer should there be issues with the property.
Typically, the previous owner’s responsibility will be defined under a warranty deed or on a statutory basis.
As a result, should a new buyer intend to sue a previous owner for defects, it should consider filing a lawsuit on the basis of the warranties given by the previous owner.
Quiet Title Action Definition
According to Investopedia, a quiet title action is defined as:
A quiet title action is a legal action that is intended to clarify ownership of a given property.
The Legal Information Institute indicates that a quiet title action is:
A special legal proceeding to determine ownership of real property.
Filing Quiet Title Action
Although you must look at the specific rules that apply in the jurisdiction in which you intend to file your lawsuit, an action title will generally require that you:
- Provide the court with a description of the property in question
- Establish your title based on which you intend to have the court make a ruling
- Establish the adverse claims against your title
- Specify the date as of which you are asking for the court’s title determination
- Request from the court to determine your title against adverse claims
Just like in any other civil lawsuit, the plaintiff has the burden of proof.
In other words, the plaintiff must demonstrate that it has title to the property by providing evidence allowing the court to clearly and convincingly establish the title to the property.
The standard of proof is therefore the preponderance of the evidence.
Another factor to consider is that the quiet title action will quiet adverse claims in relation to those named in the lawsuit and will not have any effect against those who were not a party to the case.
Quiet Title Action Example
Let’s look at a few examples of when a quiet title action may be taken.
In essence, a quiet title action is a type of legal action that helps protect a person from others attempting to take the title to the property.
You may see this type of action in cases relating to:
- Disputes between a mortgage lender and a borrower
- Adverse possession matters
- Properties that were unoccupied for a long time
- When a property is being conveyed via quitclaim deed and the previous owner does not offer a clear title
- In cases when a property owner dies and a dispute arises among the heirs
- To resolve a tax issue on a property
- To resolve boundary disputes between parties
- To resolve a surveying error
- To resolve legal rights claimed by multiple lien holders
As you can see, there are many examples of quiet title action and this list is certainly not exhaustive.
Quiet Title Action FAQ
Let’s look at a few questions commonly asked related to what does quiet title action mean?
What is a quiet title action in real estate
A quiet title action in real estate is a type of lawsuit filed by a person having a claim of ownership on a property.
The lawsuit is served against any person or entity who may have a claim against the real estate property.
Ultimately, the court will determine the rightful owner of the property thereby eliminating the possibility of future title challenges against the property.
Who can file a quiet title action
Anyone can file a quiet title action to the extent they can prove that they are the rightful owners of a property.
In many cases, a property owner will file an action title to resolve technical title defects resulting from conveyance errors or to resolve an actual ownership dispute.
In essence, when two or more parties claim to have the rights to the same real property, an action to quiet title can help resolve the dispute between them.
When to file a quiet title action
There are many instances when you can file an action to quiet title, such as:
- Title issues with others following the purchase of a property
- Disputes with mortgage lenders
- Title challenges following a tax sale or foreclosure
- To determine the rightful owner of the property
- To deal with boundary disputes between property owners
- In the case of fraudulent conveyances
- To resolve claims of adverse possession
- To resolve possible title issues to get financing or sell property
- Disputes resulting from the owner’s death
What is the quiet title action process
The process that you need to follow to file a lawsuit for quiet title will depend on the rules applicable to your jurisdiction.
In general, here is the process for a quiet title action:
- You file a lawsuit against those who have challenged your title
- Provide a description of the property at issue
- Provide evidence of how your title was obtained
- Provide how there’s adverse claims against the title
- Establish the date as of which you wish the court to render a judgment
- Ask the court for the determination of title against adverse claims
Then, the defendants in the lawsuit can contest the action by establishing their title to the property, presenting the facts in dispute, and providing any other evidence relevant to the court to quiet the title.
Action To Quiet Title Takeaways
So there you have it folks!
What is an action to quiet title in simple terms?
How do you define quiet title action?
In a nutshell, a quiet title action, also known as an action to quiet title or quiet title lawsuit, is a type of legal action filed to establish clear title against adverse claims in a real estate property.
A person, the claimant, can ask the court for a ruling establishing his or her title to property against another person’s claim.
Ultimately, the quiet title helps resolve or fix the chain of title on property.
An example of quiet title action is a lawsuit filed to resolve boundary disputes, discrepancies, or errors on the title deed, establish the rights and duties as to an easement on a property, or discharge claims against the property by lien holders.
I hope I was able to answer your question related to what is a quiet title action, how it works, what is the process, and the process.
Remember, this article is intended to give you general information.
If you have a title issue or need legal advice, be sure to consult with a real estate lawyer for qualified advice and representation.
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Understanding Quiet Title Action
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