Attention Distressed Homeowner: It’s Time to Legally Gain Clean Title to Your House with a Quiet Title Lawsuit!
It’s time to fight back against mortgage and foreclosure fraud and save your house from foreclosure with a Quiet Title Lawsuit. If you’re facing a foreclosure, you don’t have any time to go through a bunch of fancy theories that look great on paper but don’t work. If you’ve tried reading a lot of books about foreclosures, you probably know many of them are full of hard-to-understand, complicated nonsense that you can’t figure out how to even use.
Wouldn’t you rather have a realistic, “down-to-earth” service, for the “Average Joe” to protect himself against foreclosure? It’s possible to use a quiet title lawsuit to save your house from foreclosure and walk away with a clean title to your property.
What’s a Quiet Title?
A Quiet Title Action is a lawsuit filed to establish ownership of real property. A Quiet Title Action is a proceeding to establish an individual’s right to ownership of real property against one or more adverse claimants. Others have used Quiet Title Actions to get clear and marketable title to their real property, and now you can too.
Are You Ready to Stop Your Foreclosure and Gain Clear Title to your Home?
- No more thinking about where or how to find money to pay the bank. This means you get to go back to enjoying your spare time in life’s little adventures.
- Relaxation and happiness become a regular part of your day again. This means you get to be free from foreclosure stresses, no more wondering what you are going to do if you lose your home.
- No more researching the web for answers. You can go back to enjoying your spare time chatting with your friends rather than researching how to deal with foreclosure.
- No more tingly feelings of helplessness knowing that you and your family deserves better.
- No more worries of guilt that somehow you should have been able to avoid this situation from happening in the 1st place.
- No more stress and embarrassment because you are the one in foreclosure.
- No more panicking just because you don’t know how long stuff could drag on and where you may end up when it’s over.
Avoid thinking foreclosure is inevitable. This approach will surely be self-defeating. Remember the old saying: “An ounce of prevention is better than a pound of cure.” This is a very important aspect to saving your house from foreclosure. Don’t let the banks take advantage of you!
Fraud Stoppers is dedicated to providing up-to-date information and research materials to Homeowners negatively affected by Mortgage and Foreclosure Fraud stemming to help them structure a cost efficient and successful course of action in order to gain the legal remedy they deserve.
What is a Quiet Title Action?
A Quiet Title Action is a proceeding to establish an individual’s right to ownership of real property against one or more adverse claimants.
An action to quiet title is a lawsuit filed to establish ownership of real property (land and buildings affixed to land). The plaintiff in a quiet title action seeks a court order that prevents the respondent from making any subsequent claim to the property. Quiet title actions are necessary because real estate may change hands often, and it is not always easy to determine who has title to the property. A quiet title suit is also called a suit to remove a cloud. A cloud is any claim or potential claim to ownership of the property. The cloud can be a claim of full ownership of the property or a claim of partial ownership, such as a lien in an amount that does not exceed the value of the property. A title to real property is clouded if the plaintiff, as the buyer or recipient of real estate, might have to defend her full ownership of the property in court against some party in the future. A landowner may bring a quiet title action regardless of whether the respondent is asserting a present right to gain possession of the premises.
For example, assume that the seller of the property agreed to sell but died before the sale was finalized. Assume further that the seller also gave the property to a nephew in a will. In such a situation, both the nephew and the buyer have valid grounds for filing a suit to quiet title because each has a valid claim to the property. The law on quiet title actions varies from state to state. Some states have quiet title statutes. Other states allow courts to fashion most of the laws regarding quiet title actions. Under the Common Law, a plaintiff must be in possession of the property to bring a quiet title action, but many state statutes do not require actual possession by the plaintiff. In other states possession is not relevant. In some states only the person who holds legal title to the real estate may file a quiet title action, but in other states anyone with sufficient interest in the property may bring a quiet title action.
Generally, a person who has sold the property does not have sufficient interest. When a landowner owns property subject to a mortgage, the landowner may bring a quiet title action in states where the mortgagor retains title to the property. If the mortgagee keeps the title until the mortgage is paid, the mortgagee, not the landowner, would have to bring the action. The general rule in a quiet title action is that the plaintiff may succeed only on the strength of his own claim to the real estate, and not on the weakness of the respondent’s claim. The plaintiff bears the burden of proving that he owns the title to the property. A plaintiff may have less than a fee simple, or less than full ownership, and maintain an action to quiet title. So long as the plaintiff’s interest is valid and the respondent’s interest is not, the plaintiff will succeed in removing the cloud (the respondent’s claim) from the title to the property.
Quiet title action n. a lawsuit to establish a party’s title to real property against anyone and everyone, and thus “quiet” any challenges or claims to the title. Such a suit usually arises when there is some question about clear title, there exists some recorded problem (such as an old lease or failure to clear title after payment of a mortgage), an error in description which casts doubt on the amount of property owned, or an easement used for years without a recorded description. An action for quiet title requires description of the property to be “quieted,” naming as defendants anyone who might have an interest (including descendants—known or unknown—of prior owners), and the factual and legal basis for the claim of title. Notice must be given to all potentially interested parties, including known and unknown, by publication. If the court is convinced title is in the plaintiff (the plaintiff owns the title), a quiet title judgment will be granted which can be recorded and thus provide legal “good title.” Quiet title actions are a common example of “friendly” lawsuits in which often there is no opposition.
This genre of lawsuit is also sometimes called either a try title, trespass to try title, or ejectment action “to recover possession of land wrongfully occupied by a defendant.” However, there are slight differences. In an ejectment action, it is typically done to remove a tenant or lessee in an eviction action, or an eviction after a foreclosure. Nonetheless, in some states, all terms are used synonymously.
What are the grounds for a quiet title action or complaint?
It comprises a complaint that the ownership (title) of a parcel of land or other real property is defective in some fashion, typically where title to the property is ambiguous – for example, where it has been conveyed by a quitclaim deed through which the previous owner disclaims all interest, but does not promise that good title is conveyed. Such an action may also be brought to dispel a restraint on alienation or another party’s claim of a non-possessory interest in land, such as an easement by prescription.
Other typical grounds for a quiet title complaint include:
- adverse possession where the new possessor sues to obtain title in his or her own name;
- fraudulent conveyance of a property, perhaps by a forged deed or under coercion;
- Torrens title registration, an action which terminates all unrecorded claims;
- treaty disputes regarding the boundaries between nations;
- tax taking issues, where a municipality claims title in lieu of back taxes owed (or a subsequent purchaser of land at a tax sale files action to gain insurable title);
- boundary disputes between states, municipalities, or private parties;
- surveying errors
- competing claims by reverters, remainders, missing heirs and lien holders (often arising in basic foreclosure actions when satisfied liens are not properly discharged from title due to clerical or recording errors between the county clerk and the satisfied lien holder)
Unlike acquisition through a deed of sale, a quiet title action will give the party seeking such relief no cause of action against previous owners of the property, unless the plaintiff in the quiet title action acquired its interest through a warranty deed and had to bring the action to settle defects that existed when the warranty deed was delivered.
Quiet title actions do not “clear title” completely. They are actions for the purpose of clearing a particular, known claim, title defect, or perceived defect. Contrast title registration which settles all title issues, both known and unknown. Quiet title actions are always subject to attack and are particularly vulnerable to jurisdictional challenges, both subject matter and personal, even years after final court decree in the action. It usually takes 3–6 months depending on the state where it is done. A quiet title action is also subject in many geographic jurisdictions, to a Statute of Limitations. This limitation of action is often 10 or 20 years.