A quiet title action is a lawsuit which is brought in circuit court to clear one party’s title to real property. The main purpose of a quiet title action is to eradicate all claims to title, that might stand in the path of a title insurance company issuing a clear title insurance policy. Liens, claims by prior owners, and some other matters affecting title are known as “clouds” on title. The aim of a quiet title action is to completely eliminate any of these “clouds” on title.
Quiet title actions can be used in a number of many different situations. For example they are usually used after party purchases real property at a tax deed sale. The main purpose here is to forever bar prior owners, lien and mortgage holders from asserting any interest in the real property.
You need to understand that quiet title is not some silver bullet. The “lender” could still attempt to foreclose on property, and you may have to defend it. It is quite important to serve all the potential defendants to strengthen the quiet title judgment. All the parties to the mortgage and any party that is involved in assignment of mortgage need to be included in the QT action.
Some of the main grounds in which a client would move forward and pursue Quiet Title are:
- Adverse Possession –when the homeowner brings forth a suit to get title in his or her name
- Fraudulent Conveyance –when a property is conveyed by some forged deed or missing assignment, etc.
- Competing Claims – This is when many companies, individuals or parties are seeking to get a said property to satisfy a mortgage lien.
A consumer will have a great chance at pursuing Quiet Title, when there is, clear evidence that a break in the chain of title exists:
- Break in the chain of title
- Missing Assignments
- Foreclosure Fraud
In short, quiet title actions assist to clarify title issues involving some real property. All parties who may claim an interest in the real property are notified of the lawsuit and given an opportunity to assert their interest in the real property. If no one comes forward, then the court can issue a judgment quieting title in the Plaintiff’s favor. This is the final goal of the quiet title action. However, if somebody does come forward, then the court has to determine the interests of the parties in the real property and enter a judgment accordingly.
When proceeding with a Quiet Title Action, it is very important to remember that the title is not clear until:
- Superior liens are completely satisfied,
- The quiet title action is 100% complete and court has ruled in your favor, and
- The underwriter is completely satisfied that all parties were named in the quiet title action.
So if you have a title problem and you want to get it cleared up and you – or you want to file a suit to quiet title, check out this link: www.fraudstoppers.org/quiet-title
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