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Quiet Title Action Process

Quiet title action is a lawsuit that has been filed to determine the rightful owner of real property. The goal of such an action is to prevent further claim to property from the respondent in the case. Because real estate may change owners so often, often times it is hard to know who actually holds title to the property. This is where the court steps in to determine rightful ownership. Take a look at the quiet title questions below that have been answered by Experts.

How do I do a quiet title suit in Cherokee County, Oklahoma on my own?

Taking on a quiet title suit is a big responsibility for anyone. You need to be sure to name everyone involved and have them served notice of the suit. You need to be very careful and diligent about every step that is taken. Making a mistake could put your title in jeopardy. You may want to seek the assistance of an attorney before proceeding.

However, if you feel comfortable approaching this task pro se, you have every right to do so. So, first thing you will need to do is draft a complaint. You won't find a form for this action because there isn't one. You will have to draw up your own form.

Once you have drafted the complaint, you will need to file with the clerk's office and request service to the parties involved by certified mail. The involved parties will then have 20-30 days to give a response to the notice. Once the Defendants have answered, the court date will set through the court.

Does a Decree of Quiet Title void or extinguish the underlying deed of trust?

Usually, a decree will trump any previous deed as far as ownership is concerned and it will state the changes to the title. This doesn't mean the court's order will void the Deed of trust unless it specifically states so. However the order would over ride the previous deed.

What does it mean if an individual filed a quite title suit on property and the bankruptcy trustee of the people who used to own the property filed a “Suggestion of Bankruptcy” stating “take notice” of the bankruptcy?

This means that the property was released to the lender during the bankruptcy. You need to search for the lender to determine if they are the legal owner of the property. The person who filed for bankruptcy will be the person who released the property back to the lender. If you filed the quiet title suit against the wrong person, you will have to amend the suit and file against the current owner of the property. The paperwork you received is simply stating that you filed suit on the wrong party.

How does a quiet title work?

A quiet title occurs when there are discrepancies on the title or doubt about the ownership of the property. The case will be heard by a judge, who then decides who actually owns the real estate and determines if there is a valid lien on the property or if the lien should be voided. Once this has been decided, the judge will issue the correct order. The quiet title usually initiated when someone is seeking a clear title to real estate.

When people are disputes about the ownership of real estate, a quiet title claim is filed. While many people attempt to file this type of suit on their own (pro se) others choose to seek legal assistance. If you are facing a similar situation and need to file a quiet title claim, you should ask an Expert for legal assistance.
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Recent Quiet Title Questions

  • I live in Kansas. My brother has sold my property in Texas

    I live in Kansas. My brother has sold my property in Texas (where he lives) without my consent for around 150,000. I still have the deed, have not signed it over, and now want to take action to get my property back.
    How can someone in Kansas take legal action against someone in Texas? Do I have to physically be there to do so?
  • in 2009, my bank got a court order to foreclosure on my home,

    in 2009, my bank got a court order to foreclosure on my home, up to this date, the bank did not enforce the court order, then sold my note to another entity.
    in state of Texas the statue of limitation is 4 years. now it has passed 5 years.
    what are my rights to keep my home.
  • My Great-Aunt and her son had 20 acres EACH of mineral rights

    My Great-Aunt and her son had 20 acres EACH of mineral rights in OK. My mother was POA for my great-aunt and on her bank account for 27 years. When she passed, her 20 acres of mineral rights went to her son. Mother had POA for him also and handled all his financial and health issues, including going from OK to KS, nursing home to nursing home. She shared a conservatorship with a cousin for this son while he was in OK, because this son needed an OK rep since he lived in OK and my mother lived in KS. Once he was transferred to KS, then the conservatorship was canceled in court. She took care of him. In both his mother's will and his, Mother was to handle ALL their possessions. After his death, a gas well royalty (very small payments) was transferred to her thru a lawyer. Now this 40 acres of mineral rights has arisen again, with the Oil/Gas company wanting to have solid proof that my mother is entitled to proceeds of any future royalties. The company has suggested a quiet title suit in OK. A lawyer has suggested to wait until the well is producing so there will be income to pay for the quiet title suit. Opinion please and the cost of a quiet title suit. Thank you.
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