Quiet Title Lawsuit
What Is A Quiet Title Action Or Lawsuit?
A quiet title action or lawsuit is filed to settle, once and for all, who has clear title to certain real estate. If you purchase real estate from a friend or relative, or at a County Tax Sale, City Tax Sale Trustee’s Sale or Sheriff’s Sale, you may be unaware of the nature of the title to the property you bought because no title insurance (or attorney’s letter of title review) is included. Or perhaps you purchased a Title Report from a title company. A Title Report is a nonbinding opinion of title from a title company, meaning your title remains uninsured and that you may risk someone challenging your title or not being able to sell the property until title is quieted in your favor.
Even in a standard real estate transaction with title insurance, the Title Insurance Commitment and Title Insurance Policy might have exceptions to coverage due to title problems that are too risky for the insurance company to cover. A Buyer might be completely unaware of these problems until they try to sell the property and find out that about them. Often, something like this will result in losing the opportunity to sell that property to a third party who insists upon clear title.
A real estate attorney can help you obtain clear title using a Quiet Title Lawsuit, which consists of:
- Gathering information and reviewing a Title Commitment, Policy or Report
- Filing the lawsuit in the appropriate county
- Serving notice to known parties who might have a claim in the real estate and often publishing notice as well
- Attending hearings in Court
- Obtaining a judgment that title is “Quieted” in your favor as the rightful owner
- If other parties challenge your rights, it may result in a longer process and a trial.
If you are considering or already have purchased a property at a County Tax Sale, City Tax Sale, Trustee’s Sale or Sheriff’s Sale, or otherwise have a title issue we might be able to clear up with a Quiet Title action, please reach out to us and take advantage of the flat fee pricing we can usually offer in this area. Contact us today by clicking here, or by calling us directly at 314.862.2237 and letting us know you need a Quiet Title Lawsuit or want to discuss Purchasing Tax Sale Property.