The Basics of Quiet Titles Actions

Taking action is not always fun and it certainly is not always easy. Sometimes you have to stand up for what you believe in, even if you are standing alone. And sometimes you have to take action so that you can fully enjoy the things that belong to you. In the case of disputed land, you might have to take action and file something known as a quiet titles lawsuit in order to make sure that your claim on the land is clear and that the property belongs to you outright. This can look like something that is very daunting, time-consuming, and tedious but, with the right preparation, you can have it done in no time. It is all a matter of understanding what will be required of you.

When you first decide to make a quiet titles filing, you should be sure that the property you will be filing on is in your possession. You can prove this in a number of ways, such as showing registered mail that comes to you at this location. This is the number one concern. If you are not able to prove that you are the current owner, you will not be able to file the lawsuit. As long as you have proof, you are clear to go and are in the green in this matter. After you have done that, you will need to hire something called a title company to do some investigating and discover whether or not there are other claims to your piece of real estate. There might not be any, in which case the land would be yours without much fuss. Or there might be liens and other encumbrances that will require more extensive action. The title company will be able to tell you the details and prepare you for what will be coming. As a side note, you should be aware that all other claims are called "clouds." This is a word you will need to be familiar with.

Once you have hired the title company and done all of this, you will file the quiet titles claim. At this point, you become the plaintiff in the case. You are, for all intents and purposes, representing yourself. Now, you have to notify all the other claimants that you are proceeding with the lawsuit. You will have to name all of them and notify them by certified mail. In this way, they are able to contest the lawsuit if they so choose. In order to accommodate any unknown claimants, you will also have to post a notice on the property and in the newspaper so that they can be informed.

Once this is done, you will have to wait for the court to make a decision on the quiet titles action. Depending on where you live, this can take any number of days and you should be aware of this number before you proceed, just so that you will have a frame of reference. Should no one else answer your claim, you will receive a default judgment in your favor. If someone contests your claim, then it will go to court. Either way, you have taken the necessary steps to your lawsuit.

Preparation and knowledge are two of the best tools you have in your arsenal as you prepare for a quiet titles lawsuit. As long as you know what you are getting into, you can rest easy, knowing that you have done everything you can do.