Sometimes it is necessary to take legal action to make sure that you are
the only person who owns a new property. Learn the basics of a quiet
title, and contact a title company for more information.
If you have purchased a tax deed property, sometimes you may need to
obtain a quiet title first to make sure that no one else has rights to
the house. In some cases, there is a "cloud" on the title. This is
usually another person who legally owns all or a portion of the
property, jeopardizing your hold on it. Though not the only option,
getting a quiet title is one of the most common actions that people
take, so let's get some basic information about this process.
Your first move should be to hire a company that specializes in
searching titles, as this type of expert knows how to look for anyone
who might have a claim on your property. It is hard to do a thorough
search on your own without the proper tools, and this step is crucial
since you cannot obtain title insurance or resell the property if it
turns out that someone else already owns the home. Thus, you need to
find a quality company that has a good reputation in this field, and
then make sure the one you choose performs a quick, thorough check for
possible other owners. If the results are clean, you can proceed with
the sale.
If it turns out that someone else has a claim to the house, you will
need to hire a lawyer. A legal professional can compare the strength of
your claim to the strength of the other party's. You may be able to get a
free initial consultation before hiring an attorney, which would enable
you to get some advice on how to proceed. If not, you should still be
able to get an idea of the strength of your case by paying for just one
or two meetings. After doing some research, the lawyer should be able to
quickly determine whether you have a stronger hold on the property than
the other party. If so, you can be confident enough to start a lawsuit
to ensure that the entire house becomes yours. If your case seems weak,
it is time to figure out whether it is worth your time and money to
fight for the home.
Should you decide to file a lawsuit, you will be considered the
plaintiff. It is the job of you and your lawyer to name the claimants of
the home, and then notify them of the lawsuit through certified mail.
The next step is to put a notice of the suit both on the home and in the
area's newspaper. The possible claimant usually has about a month to
respond to your lawsuit. If they come forward within that time, then you
will both go to court to figure out who has more right to the house. If
no one responds by the deadline, though, you will be awarded the home.
Performing a quiet title action is just one of the most common ways to
deal with the issue of having more than one claimant to a property.
Sometimes a quiet title action it is the only way to be eligible for
title insurance and make your property more marketable. Contact a local
title company or a lawyer specializing in real estate law to learn about
your options.
If you need to go through a quiet
title action, be sure to consult a law firm about a more
efficient, affordable process first. For more information, go to http://taxtitleservices.com/.
