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Is a quiet title action needed for the property you plan to buy?

On Behalf of | Jul 20, 2022 | Uncategorized |

Perhaps you wish to purchase a building in town to use for your new business address.

You found a small, vacant, two-story brick building that is exactly what you want. But you may have to file a quiet title action in order to qualify for a mortgage.

Determining rightful ownership

The purpose of a quiet title action is to establish rightful ownership of a property; in this case, the building you wish to buy. The goal of this legal proceeding is to verify that there are no other claims to the title, clear up an ambiguity or mend a break in the chain of title.

Resolving issues

Examples of circumstances that may require a quiet title action include:

  • Looking into the possibility of claims of heirs or lien holders in an unoccupied property
  • Ensuring clear title if records of a paid tax debt or mortgage cannot be located
  • Resolving survey inaccuracies or boundary disputes
  • Resolving a situation where a building owner dies, leaving the property to relatives. A quiet title action allows the potential buyer to avoid future challenges to the title
  • Clearing the title if deed forgery or fraud is present in the conveyance history

Surviving quiet title

You may find that a quiet title action does not necessarily take care of every legal claim that exists with respect to the property you wish to purchase. For instance, a federal tax lien may still be in force following the quiet title proceeding. Rely on legal guidance to help you sift through the possible issues and ensure that rightful ownership of that small brick building is yours.