A Quiet Title Action is a lawsuit brought by a property owner against anyone and everyone claiming to have an interest in a real property. The party bringing the lawsuit seeks to clear those claims so that he or she can have clean title to the real property.
If you own real property and someone has made a claim of an interest in the real property or a title search reveals that someone, somewhere, may be able to claim an interest in the real property, you can bring a Quiet Title Action to request the court to grant a clear title to the exclusion of the competing claims. Frequently, title issues are found during a title search which reveals a possible adverse interest in the property. Often times, such title issues can be cleared up with a quit-claim deed, which essentially allows the person possessing the possible adverse interest in the property to convey their “interest” in the property to the grantee (or current owner). Other times, a person with an adverse interest may not want to quit-claim their interest without compensation. At that time, the property owner would make a business decision on whether to “purchase” the claimant’s interest in the land or dispute the claimant’s interest by way of a Quiet Title Action.
If you are served with a Quiet Title Action and the property listed in the action is not a property over which you assert an ownership interest, you can consult DesChamps Law Firm with regard to executing a quit claim deed by which you make no representations and warranties of the marketability or ownership of the property.
If you are served with a Quiet Title Action and the property listed in the action is a property over which you assert an ownership interest, you should consult a knowledgeable and experienced real estate attorney to help defend you in the Quiet Title Action.
Please call DesChamps Law Firm today to schedule a consultation if you encounter a title issue and need assistance with protecting or asserting your ownership, right, title, or interest in and to a real property.