Does Quiet Title Action Need Lawyer's Advice?

Jan 4
07:21

2012

Aaliyah Arthur

Aaliyah Arthur

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Many individuals wonder if they will need a lawyer's advice regarding quiet title action. Read on for information about this difficult quandary.

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When an investor buys a piece of property,Does Quiet Title Action Need Lawyer's Advice? Articles deed or lien at auction or through a foreclosure process clear title on the property may not exist. He or she may wonder about whether quiet title action will be necessary. If it is, the investor may wonder, will this require hiring a lawyer? The answer to this question will depend on a variety of factors. For example, if the state where the property is located requires the court process for clearing the documents, then there's a good chance that contacting a law firm will be necessary. What a buyer is planning to do with the investment liens, deeds or property will also play a part in the decision. If a lawyer is required, the person will undoubtedly need to find one who specializes and understands the ins and outs tax liens.

Making the Decision to Hire Legal Counsel

There are several factors that will affect an individual's decision to hire an attorney. If the state is a judicial foreclosure state, a quiet title lawsuit won't be needed. Instead, a judge will have already made the final declaration and an additional lawsuit won't be necessary. If an individual is not planning to sell the real estate, he or she won't have to worry about finalizing these legal details, either, although selling the property in the future could pose problems. If a title company has an underwriting department policy that will allow insurance without the typical hoops being jumped through, this may be an alternative to engaging a law firm, as well.

Tax Lien Attorney

The legal representative who would be hired must have experience specifically in handling property disputes, deeds, liens and other real estate complications. They should also have a good reputation within the community for handling cases competently, quickly and achieving successful results. Although it's never a wise idea to hire professionals based on price alone, this should be a consideration. It's especially important to take cost into account as an investor because legal fees will come right off the profit margin. An experience lawyer will typically charge several thousands of dollars to complete a quiet title action and the process may take anywhere from six to twelve months.

Alternative Techniques

Some investors opt for alternative techniques by using companies that specialize in streamlined procedures to achieve clear deeds and legal documents. These companies are able to handle the alternative procedure in a much shorter timeframe for around $1,000, more or less, depending on the location and case. If an investor was purchasing deeds and liens as a way of making a profit, it would surely be worth looking into a less expensive method in order to enhance the bottom line.

After Court Process

Even with the lengthier and more expensive attorney and court process, achieving the quiet title doesn't always end the dilemma. There are often fees, fines and other costs to clear up in order to be completely free of the problems.

When an investor is trying to clear up any difficulties with legal paperwork regarding property, liens or deeds, he or she may investigate filing a quiet title action. A lawyer may be needed, depending on the situation and location or an alternative process may be preferable.