Quiet Title: Answers To Your Pertinent Questions

If there is a cloud on your claim of ownership to a piece of property

, you may need to file a quiet title action to put to rest any alternative claims and own the land free and clear. This legal action takes place in the civil realm and involves the person in possession of the property bringing the action against any defendants that have an alternative claim. It will be up to the presiding judge to determine the validity of each claim and severe the rights of other claims. If you are in such a situation, here are answers to some common questions.

How long does it take?

Property owners want to clear their ownership as quickly as possible, which is understandable. Unfortunately, the wheels of civil court move more slowly than you might like. A quiet title action can take anywhere from 6-9 months or even longer. It's impossible to say how long a quiet title proceeding might take from start to finish. Variables such as the actions of the defendants can have a serious impact on the length of the proceeding. A little patience will go a long way.

What will be accomplished?

The end result of a quiet title action is a judgment making a determination as to who has the ultimate claim to a piece of property. This will come in the form of an official judgment (or order) that will be entered into the real estate records for that deed. Any adverse interests will be removed, and you will own the property outright (assuming the judgment goes in your favor). Once this happens, you will be free to do with the property what you wish, should that include selling it, renting it out, or living there with your family.

What is unaffected?

Just filing the quiet title claim doesn't mean that you are only a matter of weeks away from having the other interested parties silenced. If there are legitimate claims to the property, they will stand even after the proceeding is finished. For instance, if there is a tax lien against the property, it can't be removed through this proceeding. The lien itself will have to be paid in order to remove it from the records. This is true in many cases when it comes to a lien from a mortgage company.

Should I get help?

As with any legal proceeding, you're always better off if you have counsel when moving forward with the proceeding. Whether this means hiring a real estate lawyer, title company, or a consultation company, the more expertise you have on your side, the better your chances of success.

by: Anders Abadie

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