The Quiet Title Search: Removing The Cloud

Although the quiet title search and action has been a part of the legal realm of

real estate for years, only recently has it risen from relative obscurity to become a common technique for homeowners to use in court. Why the sudden rush of popularity? Some believe it is directly connected to the mess the real estate market was left in after the housing bubble burst in the last decade. Performing this action is often recommended to real estate owners who want to remove any cloud of uncertainty surrounding their claim of ownership. The first step of the action is the search. Here's how to begin the process.

Reasons

Most people don't understand how and why there can be a cloud of uncertainty surrounding the ownership of property. It happens more often than you might think, especially with distressed property. It's also common in divorce situations where the ex-spouse believes they still have a claim to the property. Quiet title actions have increased because the national real estate crisis led to a record number of liens, both tax and mortgage related. These properties are sold at auction or through private sellers, and many of these liens are never removed from the public record. This can create confusion, and it could prevent an owner from re-selling his property or acquiring title insurance.

The Search

Before you can proceed with a quiet title action, the law states that you have to make the best effort possible to warn anyone that might have a claim on the property. You are about to legally assert your right to ownership, and you need to perform due diligence to see who else might have a claim to your property. This is done by searching your county's land and tax records, through probate records, and any other sources of information that could turn up a conflict. If you don't know where to start, a real estate lawyer or a real estate investment consultant can help you along the way.

Proof

When all is said and done, a quiet title action is a lawsuit. You are taking the other party with a claim on your property to court and you intend to prove that their claim is invalid and that yours is strong and true. You have to prove both aspects of this in order to win your case. This need not be difficult. If you can establish that you purchased the house legally, you've made a strong case for ownership. If no one else responds to the lawsuit, the judge should have no problem making a decision. If someone does, the judge will order ownership to the party with the strongest claim.

by: aayana

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