Quiet title is a tool that can be used in several situations to establish an individual’s right to ownership of real property. An individual can initiate a quiet title action to assert his claim to ownership against one or more adverse claims. The procedure resolves clouds on the title so that the property can later be sold, refinanced, or otherwise transferred by the true owner.
A quiet title action may be necessary in a number of scenarios. If you are buying a property, you need to buy title insurance. If ownership of the property is uncertain or has inconsistencies, it can be difficult to obtain title insurance without clearing clouds on title. This is especially relevant in certain types of property sales. When property is being purchased from an estate, it is always possible that the heirs were not located and notified of the sale. An heir could later resurface and demand ownership of the property and jeopardize your claim.
In a tax sale or foreclosure purchase, a quiet tile action is necessary to provide certainty of title for the purchaser of the property. In a tax deed sale, the government is authorized to sell property to recover unpaid taxes. When you purchase property at a tax deed sale, it is important to establish that title is marketable and that no claims of ownership exist from prior owners or lending institutions, particularly if you have plans to resell the property.
A quiet title action is also advantageous if the owner of the property dies before a sale has been finalized. An action to quiet title could provide assurance to the prospective buyer that the heirs will not dispute the buyer’s right to ownership even if the will bequeaths all property to the deceased’s heirs. Once title is established, the buyer can sell or refinance without having to confront unexpected claims to the property.
When property is conveyed through a quitclaim deed, it does not provide any assurance or guarantee regarding title conflicts that may exist. A recipient of property through a quitclaim deed can initiate a quiet title action to resolve clouds on title and establish ownership rights against any and all future claims.
The experienced team of attorneys at the Law Offices of Mark Weinstein, P.C. can help you litigate your real estate claims. Contact Mark Weinstein and his colleagues at (770) 888-7707 or visit them at https://www.markweinsteinlaw.com to find out how they can advise you