How Do You Know if You Need a Quiet Title?

Posted on the January 5th, 2013 under Legal Guides by admin

A quiet title checks into the background of property to resolve any issues that may have resulted with regards to ownership. While not everyone is going to have to have a quiet title, there are times when it can be essential. Anytime you purchase real estate, you want to know that the title is clear. A clear title simply means that there are no liens on that property and there are no other owners who could potentially claim that property as their own. Getting ready to close on a real estate transaction and learning that the property cannot legally be sold can be very frustrating.

In order to clear up any issues that may arise, the buyer may proceed by seeking a quite title. This is actually a type of lawsuit and it will check into the property’s background to resolve any issues that may have arisen. Different states have different ways of doing quiet titles but the basis is about the same in all states. If you need to proceed with a quite title, you will need to hire a title company. This company will perform a title search so that an ownership claim can be made. The title search will show if there is another party who can claim the property or another party who is claiming to own the property. It will show any liens or encumbrances on the title as well.

When you do a quiet title, you should understand that the plaintiff’s claim to that property is based on the strength of their claim. Your claim will be assessed as well as any other claims on the property. This can be a costly procedure and many buyers prefer not to have to pay to have this search done. In some cases however, it becomes necessary to dispel any other claims to the property so that it can be sold.

Before you decide that you want a quite title done, you should check the laws in your state and your local area. Some laws state that the plaintiff or the person who is claiming the property, must have possession of the property in question in order to file a quiet title. You will need to speak with a real estate attorney to ensure that you are not trying to buy property that cannot legally be sold.

If you do a title search and it comes back that there are claims that can cause an issue for you regarding ownership of that property, you will definitely need an attorney. Your lawyer will be able to file a lawsuit to handle the issue. Note that in some cases, these lawsuits can take up to six months or longer to resolve. It is important that you consult with an attorney at any point if you are planning to purchase property so that you can be instructed on real estate laws in your area. Planning for problems, even if there are no issues whatsoever with the property, is much better than finding problems that could prevent your closing.

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