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Reinforcing property rights through quiet title actions

On Behalf of | Jun 6, 2023 | Real Estate Law

For many people, it can be quite a shock to discover that the home that you own has a defective title. This is often not discovered until you are trying to sell your property, and you discover that there is a lien on your property, some other debt such as a second mortgage, or an improper survey of the property originally so that it does not properly describe the property.

No matter the reason why your title is defective, you will need to correct the issue so that you can have a fully transferrable title. The way to do this is through a quiet title action. With these cases, you can uncloud your title and clear these defects.

How does a quiet title action work?

When you are preparing to commence a quiet title action, you need to ensure that you have all of the necessary information ready to submit to the court so that they can have a full understanding of your case. This means that you need to have your current title, a proper legal description of the property, a description or list of the adverse claims impacting your title, and the requested relief from the court.

These filings must be precise, so it is best to allow an attorney to complete this paperwork for you to ensure that there are no delays in clearing your title. An attorney will also provide a narrative history of the issues involved so that the court may clearly understand your situation.

Clearing your title will give you full control over your property again

With all of this information in hand, the court will be able to fully assess your property and the adverse claims against it by the defendant or defendants, depending on your situation.

Optimally, the court will declare the issues with the title to be void and unclear the title, allowing you to be able to freely transfer your title as you wish. They can also decide whether the other claims against your property were the result of fraud, which would also free your title of those claims.