A title search is an important part of a real estate transaction. The purpose of a title search is to verify that no one else holds title to the property other than the seller.
Through a title search, any defects or encumbrances on the property can be discovered. As a buyer, you do not want to purchase a property only to have someone claim title to it in the future.
What happens if the title search does show that someone else holds claim to the title? If that happens, your real estate transaction could be held up until a quiet title action is completed.
The purpose of a quiet title action
A quiet title action is meant to determine who holds the ownership interest in the property. Its intent is to “quiet” other claims to title so it is clear who legally holds title to the property.
Quiet title actions are more common in certain scenarios, such as property that was sold at an estate sale or property that has sat abandoned for a long time. A quiet title action is also a good idea when a property is sold through a quitclaim deed, which means the previous owner cannot guarantee that title is clear.
How long does this action take?
The length of time it takes to resolve a quiet title action depends on the complexity of the problem, the court’s schedule and other factors. Once a petition to quiet title is filed, the process could take as little as a month to over a year.
If you are purchasing real estate, a quiet title action can help you secure your interest in the property. However, you might be the one defending your title to property if a quiet title action is filed against you.
Defending yourself in a quiet title action
You can defend your claim to the property by providing a deed or any other documents proving your title to the property at the quiet title court hearing.
Quiet title actions can cause stress and anxiety, for whatever reason you are trying to quiet title. It is best to have guidance through the process.