Whether your dream home or an investment property, anyone purchasing real estate likely understands the importance of checking the property’s title. The title, in its most basic sense, is the ownership rights to the property. There are situations where two parties may dispute who has ownership rights to the property. When this happens, one party may choose to move forward with a quiet title action.
What is a quiet title action?
A quiet title action is a civil lawsuit asking the court to declare the rightful owner of a property. It can address a range of issues such as problems with the deed, missing heirs, boundary disputes, unreleased mortgages, tax sale issues and other adverse claims. The result is a court order clarifying ownership rights and limiting future challenges.
Who can file a quiet title action?
A party claiming an ownership interest in the property can move forward with a quiet title action. Examples can include current owners, buyers, heirs, lenders or parties holding easements. Whether or not the court will allow you to move forward depends on state law, the nature of the claimed interest and the specific title defect. As such, it is wise to seek legal counsel with experience in these types of cases to review your situation before you move forward.
What kind of evidence is needed to build a case?
Evidence supporting the claim such as deeds, probate records, surveys and tax records are useful in these types of cases.
How should I respond to a quiet title action?
Those who find themselves the subject of a quiet title action should treat the matter as urgent. Failure to respond can lead to default judgment that impacts ownership, lien rights, possession and even future sale options. A response typically involves filing an answer, asserting defenses and raising counterclaims when appropriate. It is also possible to challenge the legal process such as service, standing or the sufficiency of the pleadings.
How can I increase the odds of success in a quiet title action?
You can increase the odds of success by gathering and organizing evidence including any copies of the title, surveys and related documents. It is also important to make sure you move forward with the legal process wisely. A failure to follow the process can have a negative impact on your case. A failure to provide the needed information, for example, can mean you lose your case or have it sent back for further review leading to avoidable delays.
Talk to a New Jersey real estate attorney about your case
An attorney experienced in these matters can evaluate standing, identify required defendants, coordinate title evidence and pursue a judgment to clear title for sale, refinance or long-term ownership. It is important to find someone that practices within the state to help better ensure they are familiar with applicable rules and regulations.
Quiet title litigation is a legal mechanism with lasting consequences for ownership rights. Early analysis, complete documentation and proper procedure provide the best path to a final judgment that clears the title.