Quiet Title Action
Candlefocus EditorIn a quiet title action, the plaintiff, or homeowner, typically alleges that any challenged claims to the property have been extinguished and a clear title should be established in their favor. In a successful quiet title action, the title holders in question are forever barred from possessing or further claiming a legal or equitable interest in the disputed property.
The purpose of filing a quiet title action is to remove any questions or complications regarding the title to a property. Generally, quiet title actions are used in cases involving lender contract disputes, death of the title owners, adverse possession, judicial foreclosure, and long periods during which the property has been unoccupied and neglected.
In some cases, various creditors with mortgages or other liens on the property may need to be identified, as well as determining whether any estates are involved in the title dispute. In a quiet title action, all interested parties will be identified and served with a summons and complaint. Those parties then have a certain amount of time to either dispute the title or join the quiet title action. If the remedies are successful, a court may issue a final judgment declaring the sole ownership of the title of the property to the homeowner.
A quiet title action provides the homeowner a number of protections. Once the title is clarified and a final judgment is entered, the homeowner has the legal backing to pursue any claims to the property from outside entities or from former title holders. The court’s judgment in a quiet title action is considered a high form of protection for the homeowner who holds the sole title to the property. This form of judgment cannot be overturned through appeals or any other court proceedings.
Quiet title actions are a critical tool for homeowners who need to ensure that the title to the property is held clear and secure. With a clear title in hand, the homeowners can be sure that any attempts by outside entities to change the property title are prohibited by law. Thus, a quiet title action can provide the final assurance necessary for a homeowner to secure their property interests.