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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 88194
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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What are the steps I need to take to quiet title on a property

Customer Question

What are the steps I need to take to quiet title on a property in Albuquerque, NM?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. This depends on exactly what has happened. Can you please give me more information as to what has occurred, and, who (if anyone) is claiming title to the property besides yourself?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

I am attempting to purchase a property that apparently has some previous deeds and mortgages not recorded and not otherwise available. I need to know the process and requirements for me to quiet title to this property if I purchase it.

Expert:  Ely replied 1 year ago.
Thank you, friend.

To quiet property, one needs to file a petition with the court for this. It is a judicial action. The petition is known as a Complaint to Quiet Title, or, Complaint to Confirm Title (does not really matter, the two are interchangeable for all intents and purposes).

There is no "form" for this, and it has to be drafted from scratch. However, one may find a sample online (let me know if you need one).

The quiet action complaint is a lawsuit. When one files it, they serve all the other parties that may claim title. Then, the Court considers the argument and if the Court is convinced, a judgment giving clear title is granted. That clear title judgment is recorded with the deed records of the county and is seen as removing any cloud (ambiguity) from chain of title and giving one free and clear title from hereon out.

I hope this helps and clarifies. Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 88194
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
Ely and 6 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

Do I, the petitioner, supply the court with the names and addresses of all other past interest holders? Where do I get this information. I have some names but no current or former addresses.

Expert:  Ely replied 1 year ago.
Friend,

Do I, the petitioner, supply the court with the names and addresses of all other past interest holders?

Not quite. (In civil cases, it is Plaintiff/Defendant. In civil family cases and sometimes probate, it is Petitioner/Respondent.)

Whoever files, i.e. the Plaintiff, must serve any party that actively claims the title as Defendants, but not "all the former owners." If a party's address cannot be found, a PROCESS SERVER may be utilized who uses skip-tracing to find the individual. See here.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

Can you send me a sample of a "Complaint to Quiet Title" that would follow form rules for New Mexico? Thanks.

Expert:  Ely replied 1 year ago.
Friend,

I am afraid that I cannot find a free sample for NM. But I can find free samples that are generic.

Please see here and here.

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