Quiet Title Actions

A quiet title action is a lawsuit that is performed to establish clean title and ownership of a property. If you do not have a clean title, you will face issues when trying to sell the property or obtain financing for the property. The purpose of this lawsuit is to quiet anyone who may try to challenge the ownership of the property in the future and to wipe away any issues that could cloud the title.

This type of lawsuit is usually performed to clear up specific known issues on the title. Therefore, specific defendants must be named as defendants in the lawsuit, such as old lienholders or former owners and their heirs.

Who Can File a Quiet Title Action

It depends on the state. Each state has specific laws about who is able to file a quiet title action. Some states only allow the lender who holds the mortgage to file this type of lawsuit. In other states, anyone who has an interest in purchasing the property can file this lawsuit. Other states require the current property owner to file the quiet title action.

Parties in a Quiet Title Action

• Plaintiff: The person or group who is trying to establish ownership of the property.
• Defendants: Anyone who the plaintiff believes could try to claim ownership in the property.

Filing a Quiet Title Action

There does not have to be an active dispute in order to file a quiet title action. It is often seen as a preventative lawsuit, which aims to establish the clear owner of the property and prevent anyone else from trying to claim ownership in the future.

The plaintiff must file a quiet title action in a court of law. The defendants will be notified and given time to respond to the complaint. Based on state law, the defendants will have a certain number of days to respond to the complaint. If the defendants do not respond or do not contest ownership, the plaintiff will be granted clear title.

If the defendants contest ownership, the case will go before the court. It can be a lengthy battle to determine who has the legal ownership of the property.