Quiet Title Actions
A quiet title is a legal action asking the court to declare you the owner of a certain piece of real estate and to eliminate the interests held by another party. Some of the times when a quiet title action might be necessary include when there is an old lien that was not properly released or when there is a dispute as to the ownership of a property. Quiet title actions are often also performed after a tax sale to ensure the interest of the previous owner is entirely extinguished. Quiet title actions can be filed for real or personal property; however, this page will focus on real estate quiet titles. If you looking for information about vehicle quiet title actions, please visit our page that focuses on vehicle quiet titles.
What is the process for a quiet title action?
The first step in filing a quiet title action is to conduct a title search to ensure that all the proper parties are named in the action. There is nothing worse than getting through the entire process only to find out there was another lien that was not properly eliminated in the action. Next, the petition is filed with the court. If the address of the defendants is known, they will be served a summons and provided a deadline to file a response with the court. If the address of the defendant is unknown or if the old mortgage company is out of business, notice will be published in the newspaper for a minimum of forty-five days before the court will take any action in the matter.
If the defendants do not file an answer, the court will enter a default judgment against former owners, which fully resolves the matter. If the defendant files an answer claiming the lien is valid or disputing ownership, the matter will be set for a trial and the court will be asked to determine the rightful owner of the property.
The entire process generally takes between 60-90 days from start to finish if uncontested, but this time period could vary depending on the specifics of your situation.
How much does it cost and how do I get started?
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