Do I need an attorney to file Quiet Title Action in Utah? How do I do it myself?
I purchased my primary residence 5 years ago from a builder who had purchased 2 properties to build one new house. He represented the two properties as being included with the house he built and sold to me. I had no knowledge that there were two properties nor did the real estate
agents involved. The property had been newly fenced and landscaped and I had no reason to suspect it was two properties. I did not get a survey
I discovered a year after closing that the second lot existed as a small part of my backyard and was not included in the sale. So I contacted the builder who said it was a mistake/oversight and that he forgot to consolidate the two properties into one before he sold it to me. He agreed to quit claim the property to me. However, by then, his company had run into financial trouble and there were over 5 million dollars worth of liens on the property (the property in question is only worth maybe $10-15,000), all liens were related to other projects that this builder owed money on and his business has since failed.
My research has led me to conclude that I want to proceed with a Quiet title action. I have paid the taxes for 5 years but cannot wait to file under "adverse possession
" grounds because I need to sell the property now. Waiting another 2 years to satisfy the 7 year possession rule in Utah is not an option. No one will buy my house with this problem lurking and I am stuck.
If I can possibly do this myself, I would prefer to do it because I have lost so much value in my home, it barely has equity left. The problem is the clouded title now and all the liens recorded. Perhaps I could file based on "fraudulent conveyance". I don't think that the current owner (the builder) would dispute my claim to the property. But I need to gain ownership of it in order sell my house.
By the way, I did go to the county tax sale when the property became delinquent 5 years, and I was there to purchase the property (in exchange for payment of delinquent taxes) but to my surprise, another anonymous bidder was there. So the two of us bid for less and less property, and I ended up with only a strip of the property (about 20%) with a tax deed. So the other 80% is still in the name of the builder, even though I paid all the taxes. The tax sale didn't go well for me but at least I prevented someone else from getting it. Now I just need to resolve this another way.........?by Quiet title action?