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Quiet Title

What is a quiet title?

Quiet title is a lawsuit filed with the purpose of establishing ownership of real estate when said ownership is in question. If the owner of a property wants a clear title—meaning there are no liens or levies against the title or any disputes over the property's ownership—he or she can move to claim quiet title.

Listed below are a few questions answered by real estate lawyers on quiet title related issues.

What does a quiet title claim mean?

A quiet title claim is a petition under which liens, encroachments, encumbrances, mortgage notes, or ownership (outside interests in other words), can be removed from being a part of the title. This would mean that if someone’s name is Mr. X, this name can be removed via a quiet title petition.

How soon before a foreclosure sale date must a quiet title claim be filed?

A quiet title does not have anything to do with foreclosure. But if there is something that is being contested, filing the claim immediately is a very sensible option.

Can I move to claim quiet title to property in this case?

Case Details: The bank failed to prosecute a foreclosure action and has not given the required paperwork to the court. 

You should be able to do this. It should force them to give the original paperwork and paper trail. If they do not, they will be at risk of losing their lien.

Can I file for a quiet title on a strip of property that adjoins mine that I have been crossing for 30 years now to reach my land?

Case Details: The private owner of the strip was a company that went out of business two decades ago andthere is no current owner in the county tax records.

It is not easy to do this but you can file for a quiet title action through the courts and attempt to serve the previous owner at their last known address. Then you can purchase advertisements in the local papers describing the suit and request the owner of the strip to contact you regarding the hearing. This is an important step and it is sensible to seek counsel before you do this so that it is done in the right way. If the owner does not contact you, the courts will probably consider you to be pursuing "reasonable efforts" in obtaining a response. As a result they might permit the suit to continue on.

How do I file a quiet title and what should I be expecting to pay an attorney for it?

A quiet title is a civil suit filed in civil district court. It’s a case that is generally concluded within a day with a legal cost amounting to a few thousand dollars.

In a quiet title action, the general rule is that the plaintiff can succeed based only on the strength of his own claim to the property and not based on the weakness of the respondent's claim. Thus, the plaintiff has to bear the burden of proving that he/she owns the title to the property. He/she could have less than a fee simple, or less than full ownership, and maintain an action to quiet title. Yet, as long as the plaintiff's interest is valid while the respondent's interest is not, the plaintiff can successfully remove the respondent's claim from the title to the property.

Ask a Real Estate Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 5366
Experience:  17 years of legal experience including real estate law.
4460311
Type Your Real Estate Law Question Here...
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5 Real Estate Lawyers are Online Now

How JustAnswer Works:

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    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Real Estate Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 4813
16 years of legal experience including real estate law.
Law Pro
Lawyer
Satisfied Customers: 6227
20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
Barrister
Lawyer
Satisfied Customers: 4966
13 years real estate, Realtor. Landlord 24+ years

Recent Quiet Title Questions

  • Question for you, my company owns a property that is facing

    Question for you, my company owns a property that is facing foreclosure. We haven't been able to refinance our debt because of a rouge deed placed on title by the previous owner for debt. The title company has initiated a suit to quiet title. However, that is not preventing the lending entity from moving forward to foreclose. I'm wondering is it possible to get an injunction to stop the lender under these circumstances. The property value is 3.25M and the loan 1.9m
  • Hello Ely I hope I rated your work as excellent, because I

    Hello Ely I hope I rated your work as excellent, because I wanted to rate it as excellent but your explanation hoe to do it mixed me up a little so if I did something wrong please let me know how to change the situation or I can Do it with pleasure, because
    I liked your answer, I have just a little question what kind of records can I get from county clerk of civil court in my county about the property, and also from department of finance who also deals with property maps not only with the taxes, can I claim adverse
    possession and what is the statute if limitation in NY for adverse possession, may be I can claim an easement right as my gutter can be reached from the neighbor property, thank you again for your excellent work and tell me how I can recommend you to other
    clients through internet or just give them your number, Sincerely, Angela
  • What is the law and legal status of a second mortgage loan

    What is the law and legal status of a second mortgage loan following a non judicial foreclosure when the first mortgage is foreclosed upon and then the mortgagee on the first mortgage expunges the sheriff deed during the 6 months redemption period and provided me (mortgagor) with loan modification on the first mortgage only?
    Additional information:
    Property is located in the state of Michigan. The first and second mortgages were both used to purchase the property. (Purchase money mortgages as 80/20 loans). Both loan were provided by the same lender. The 1st foreclosed, provided a loan modification during redemption period and then expunged the sheriff deed. The second was treated and unsecured, charged off and sold to a collection agency. The recorded mortgage on the second was never discharged and remained recorded in originating lender's name. A debt collector is pursuing collections on a recorded 2nd mortgage without any recorded interest.
    Any information provided would be greatly appreciated.
    Thank you,
    Confused mortgagor in Michigan
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