Tips for Initiating a Quiet Title Action
Did you recently purchase a home that was previously owned? Do you stand to inherit property in the near future? Do you believe your home was in forec...
Did you recently purchase a home that was previously owned? Do you stand to inherit property in the near future? Do you believe your home was in foreclosure because of a bank error? If you answered yes to any one of the previous questions,
then you may be eligible to file a complaint known as a quiet title.
These actions, which are brought about in order to establish a party’s title to real property against anyone who may be trying to establish claim on said property, determine that the title is clear of any claims against the property. Although grounds for these types of claims can and do vary (i.e. adverse possession, tax taking issues, boundary disputes or surveying errors) depending on the state you are bringing forth the claim in, it is important to note that they do not clear the title completely of all claims against the property (thus additional actions must be brought in order to fend off each claimant) and they are also subject to geographic limitation for a limitation of action period (at least 10 years). Keeping this information in mind, there are several tips that may serve to aid you in initiating such a legal action. It is the intention of this article to discuss tips for initiating a quiet title action.
The first and perhaps most obvious tip for initiating a quiet title action is to secure a lawyer or title specializing service that is knowledgeable and experienced in handling such cases. Due to the fact that this a highly logistical process, it is imperative that the individual or individuals that you entrust with handling your situation, should not only be abreast of current law pertaining to quiet titles pertaining to your state, more specifically the type of claim that you need assistance with, but said experts should also have a wealth of experience that includes handling your type of claim.
Doing so can significantly increase your chances of success with the action. Another tip for initiating a quiet title action is to do your own research. It is not enough to have a knowledgeable and experienced specialists working on your behalf. You should also know and understand what your cloud strength is, that is if your claim to the title is indeed valid itself, as well as local laws pertaining to quiet titles. This information will not only make you better customer, making you more engaging, but also aid you in your ability to understand what is happening during the process and how it will affect your desired outcome.
As with any type of legal action or potential lawsuit that must be filed, it is imperative to have knowledgeable experts, such as title specialists, in initiating your quiet title actions not only to assess the validity of your claim but to also to handle the actual proceedings. Even further, you should take the time to get to know more about your type of quiet title as well as the local laws prevailing on the subject matter. Doing so will not only enhance your experience but also aid your understanding of the process.