Quiet Titles are Getting Louder

When disputes rise up over a piece of property, lawyers, lenders, and borrowers all want the question of ownership resolved as quickly as possible. If you have recently gained ownership of a piece of property, the first thing you should do is hire a company to perform a title search. This method will reveal any encumbrances, liens, or competing ownership claims with the property you have acquired. Any of these types of issues are usually called "clouds" on the title. Don't be scared if you find multiple clouds, some may just be minor problems dealing with conveying the property to you. If you don't already have a property lawyer, ask the title company for a referral and get to work, the stronger your claim to the property as a plaintiff, the better you will fare if you end up in quiet title court.

Consult with your lawyer to determine the strength of your case. It is important that both you and he know what you are getting into before proceeding further with a lawsuit. Just filing the complaint in the county or parish of the property could cost about one thousand two hundred dollars, depending on the current value of the property, and the suit could last anywhere from three to six months. Research all the local property laws in your area thoroughly before filing the complaint.

Procure a cover sheet to file for the Clerk of Court, and file your complaint. Now that the action is filed, you are the plaintiff in a quiet title lawsuit. Follow due diligence with the title company and have all parties with competing ownership claims on the property contacted through certified mail following the process of Lis Pendens. After making all known claimants to the property aware of the lawsuit, you must try to reach claimants even the title company couldn't find. Post a notice of the lawsuit visibly on the property as well as in a local newspaper near the property. The purpose for this is to get all "clouds" on the property out in the open and clear them so that the only claim to the properly left in the quiet title suit would be yours, the plaintiff.

Different state court's take different amounts of time to rule on a plaintiff's complaint, especially if there are multiple claimants to the property. If no other claimants answer to your action after thirty days or so, be sure to file a Motion for Default along with an affidavit. Most state courts award a default judgement to the plaintiff after this time has passed. However, this default judgement is not permanent, and can be challenged later by another claimant and their lawyer. Twenty days after your Motion for Default is filed, schedule a hearing and bring a proposed order for Final Default Judgement Quieting Title. Once the judge has signed the order, the property will go on public record as yours, and you will receive a copy of the order in the mail. Congratulations!