What You Should Know About Quiet Title Actions
If you own property, especially distressed property
, it is your responsibility to be informed about the different kinds of legal suits that can be brought against you. Quiet title actions are lawsuits in which the legal ownership of a particular piece of real estate is disputed or unclear. If there is more than one person, entity or company claiming to be the rightful owner of your home, or any other property you may own, you will need to file a claim and have the court issue a judgment, proving your ownership.
One of the most common situations in which quiet title actions are used is where there has been an error in the way that a property's deed has been recorded in the clerk's office at the courthouse. If the property in question had back taxes owed at one time and another party purchased the deed to the property at a tax auction, a discrepancy could arise. If the original owner has paid what was owed during the redemption period to regain ownership and all of the necessary paperwork was not filed properly, issues can arise when it comes time to determine who rightfully owns the property. Quiet title actions can also occur when the party that purchased property at auction attempts to resell the property.
Anytime there is a dispute on who actually owns a property, a lawsuit is filed and the court that resides over that particular jurisdiction has to hear the case and determine who the rightful owner is and terminate or silence any other claims of ownership from the other parties involved.
Since there are different rules and laws that regulate property ownership from state to state, it is important that there is a record of ownership with the registry of deeds for your particular county. This will make it very hard for any other party to dispute the validity of your claim of ownership for your property. If the registry of deeds has record of your name being the sole owner of a property, there is no need for any courts to decide who it belongs too.
If by chance, you happen to have some liens or other deficiencies on the title that have been satisfied but were not removed quiet title actions may allow you to get those blemishes removed. In court, the owner has the opportunity to provide legal proof that all deficiencies and prior liens have been paid in full so that there aren't any entanglements if property is going to be sold in the future.
If you ever find yourself facing quiet title actions against your home, the best thing you can do is to hire a real estate attorney. Your lawyer will be able get evidence supporting your claim, gather all necessary documents and expertly dispute the validity of any other party's claim to your property. Since real estate law is very complicated and varies in each state, you need to have professional assistance to help you win your case.
by: aayana
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