Quiet Title: How To Make Sure You Are The Only Claimant For Your New Home

If you have purchased a tax deed property, sometimes you may need to obtain a quiet title first to make sure that no one else has rights to the house. In some cases, there is a "cloud" on the title. This is usually another person who legally owns all or a portion of the property, jeopardizing your hold on it. Though not the only option, getting a quiet title is one of the most common actions that people take, so let's get some basic information about this process.

Your first move should be to hire a company that specializes in searching titles, as this type of expert knows how to look for anyone who might have a claim on your property. It is hard to do a thorough search on your own without the proper tools, and this step is crucial since you cannot obtain title insurance or resell the property if it turns out that someone else already owns the home. Thus, you need to find a quality company that has a good reputation in this field, and then make sure the one you choose performs a quick, thorough check for possible other owners. If the results are clean, you can proceed with the sale.

If it turns out that someone else has a claim to the house, you will need to hire a lawyer. A legal professional can compare the strength of your claim to the strength of the other party's. You may be able to get a free initial consultation before hiring an attorney, which would enable you to get some advice on how to proceed. If not, you should still be able to get an idea of the strength of your case by paying for just one or two meetings. After doing some research, the lawyer should be able to quickly determine whether you have a stronger hold on the property than the other party. If so, you can be confident enough to start a lawsuit to ensure that the entire house becomes yours. If your case seems weak, it is time to figure out whether it is worth your time and money to fight for the home.

Should you decide to file a lawsuit, you will be considered the plaintiff. It is the job of you and your lawyer to name the claimants of the home, and then notify them of the lawsuit through certified mail. The next step is to put a notice of the suit both on the home and in the area's newspaper. The possible claimant usually has about a month to respond to your lawsuit. If they come forward within that time, then you will both go to court to figure out who has more right to the house. If no one responds by the deadline, though, you will be awarded the home.

Performing a quiet title action is just one of the most common ways to deal with the issue of having more than one claimant to a property. Sometimes a quiet title action it is the only way to be eligible for title insurance and make your property more marketable. Contact a local title company or a lawyer specializing in real estate law to learn about your options.

By: Anna Woodward

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If you need to go through a quiet title action, be sure to consult a law firm about a more efficient, affordable process first. For more information, go to taxtitleservices.com/.