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When buying or owning real estate, ensuring a clear and undisputed title is crucial. A quiet title action is a legal process used to resolve ownership disputes, but it can be costly and time-consuming. Fortunately, there are ways to prevent this situation and secure your property rights.
What is a Quiet Title Action?
A quiet title action is a lawsuit filed to establish or “quiet” ownership of a property. This often happens when ownership records are unclear, or multiple parties claim rights to the same property. Some common reasons include:
Unresolved liens or judgments
Unknown heirs claiming ownership
Errors in public records
Undocumented property transfers
Steps to Prevent a Quiet Title Action
Conduct a Thorough Title SearchBefore purchasing a property, a title search should be performed to identify any liens, easements, or conflicting claims. Working with a title company ensures that past ownership transfers were properly recorded.
Obtain Title InsuranceTitle insurance protects homeowners from unexpected ownership disputes. If a title defect arises after closing, the insurance company can cover legal fees and help resolve the issue.
Resolve Ownership Issues ImmediatelyIf you inherit property or purchase one with a complicated ownership history, it’s best to resolve any outstanding claims quickly. Work with a real estate attorney or title expert to clear any discrepancies.
Ensure Proper DocumentationAll property transactions should be recorded correctly with the county recorder’s office. Make sure that deeds, transfers, and legal documents are properly signed and filed. Errors in documentation can lead to disputes later.
Monitor Tax and Lien IssuesUnpaid property taxes or contractor liens can create ownership complications. Stay up to date on all property-related payments and verify that no surprise liens exist on your title.
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