You have probably heard the phrase, “Speak now or forever hold your peace” in weddings. It implies that anyone objecting to the union has a chance to raise their issue at the moment or forever withhold their objections. A quiet title action works in the same way, only with the title to a property.
A quiet title action is a lawsuit where a property owner seeks to identify, eliminate and resolve any existing claims to a title. Such claims on a title are referred to as “clouds.” They include existing liens, levies and disputes over the property ownership.
How a quiet title action works
Once you file a quiet title action in court, any parties with an interest or claim to the property are expected to come forward. A judge will then review the legitimacy or right of such claims before issuing a judgment or court order.
If the quiet title action prevails, the title will be free of the claims and can no longer be challenged. Therefore, you will now have a clear title, free to transact with the property in question as you wish.
Do you have clouds on your title?
A cloud on your property’s title could negatively affect the value of your property and make it difficult for you to sell it. For instance, a potential buyer may shy away from closing the deal once they learn of issues with the title. Similarly, mortgage lenders are wary of properties with title issues.
Therefore, it is a good idea to seek experienced legal guidance on how best to clear any existing clouds and the options at your disposal that will help secure your interests.