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A quiet title action may be necessary before you buy the property

| Mar 8, 2021 | Residential Real Estate

There are various steps to go through when you are contemplating purchasing a new home or a piece of property.

One of those steps may involve a quiet title action. What does this mean?

A cloud on the title

There may be what is known as a cloud on the title of the property you wish to purchase. This means there is some sort of ambiguity with respect to current ownership, or perhaps a conflicting claim. If you want to obtain a mortgage, you will need title insurance, so the next order of business is to clear away the cloud.

Quiet title action

Here are some of the situations that might exist in the effort to lift the cloud on a title:

– The owner died before completing the conveyance of the property and left the estate to relatives

– There are questions about heirs or lien holders on an unoccupied property

– The property is available through a foreclosure, estate sale, sheriff’s sale or tax sale

– The property is to be conveyed through a quitclaim deed instead of a warranty deed

– There are survey inaccuracies or ongoing boundary disputes

– The property’s conveyance history contains forgery or fraud

A look ahead

Quiet title actions are not uncommon in the court system. A thorough review of the title and the resolution of any issues are the next steps. Ensuring that there are no liens or other claims on the title should put you on the right path to purchasing the home or piece of property you have in mind.