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What is a Quiet Title Action?

msglaw.com | October 13, 2014

When property titles are exchanged, legal ownership of the property can become unclear. Whether due to poor recordkeeping, a complicated foreclosure or fraud, other parties may claim ownership of a property you have purchased. Liens and other matters can also create dispute over the legal ownership of the title. Without a clear title to the property, you may find yourself in a legal battle over ownership. You may also face complications trying to sell the property later on as a potential buyer will have difficulty getting the title insurance required for a loan if there is a dispute over the property title.

This is when a quiet title action is necessary. A quiet title action is a lawsuit meant to clear the title of a real property by legally declaring a sole owner, and eliminating outside claims for the property. When a quiet title action is filed, all parties with a claim or potential claim for the property are notified and have a chance to argue their case for the property. Ideally, when a quiet title action is filed, a judge will issue an order annulling the conflicting claims to the title and declare you the only rightful owner of the property title.


How a Real Estate Lawyer Can Help

A successful quiet title action will bar others from filing a claim against your title in the future. However, if any rightful parties are left out of the lawsuit, they may later pursue a claim for the title. A real estate lawyer at Marshall Socarras Grant, P.L. can thoroughly investigate the property’s title history to ensure all interested parties are included in a well-prepared quiet title action. We can also help you deal with any other matters hindering a clear title.

Note: there are a few exceptions to quiet title actions. For example, a governmental lien against the title may not be resolved with a quiet title action. An attorney can review your specific case and advise you on what to expect and how best to proceed with clearing your title.

 

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CFLA was founded by the Nation's Leading Foreclosure Defense Attorneys back in 2007 to serve the Foreclosure Defense Industry and fight pervasive Bank Fraud. Since opening our virtual doors, CFLA has rapidly expanded to become the premier online legal destination for small businesses and consumers. But as the company continues to grow, we're careful to hold true to our original vision. For us, putting the law within reach of millions of people is more than just a novel idea—it's the founding principle, just ask Andrew P. Lehman, J.D.. With convenient locations in Houston and Los Angeles, you can contact Our National Account Specialist and General Manager / Member Damion W. Emholtz at 888-758-2352 for a free Mortgage Fraud Analysis or to obtain samples of work product, including cutting edge Bloomberg Securitization Audits, Litigation Support, Quiet Title Packages, and for more information about our Nationally Accredited and U.S. Department of Education Approved "Mortgage Securitization Analyst Training Certification" Classes (3 days) 24 hours for approved CLE & MCLE Credit (Now Available Online).

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