Did you just search, “what does quiet title mean”?
If you are confused about what quiet title is, you are not alone.
This is because the vast majority of property owners never need to bother with it.
However, it’s always good to be informed.
To start, a quiet title action investigates disputes over who owns a tract of land or a house.
You may be wondering, “How could it be uncertain who owns a property?”
For the most part, these situations occur when there is a defective title.
The title of your property is your proof of ownership and is usually conveyed with a legal document (typically the deed).
However, when the title is defective, conflict can arise, or the land or house can be sold illegally.
In these situations, it can be difficult to determine who owns the property at all.
For this reason, a quiet title exists.
It’s the process that can help resolve any title problems in real estate.
If you’re faced with this issue, keep reading to determine the top things you must know about a quiet title.
1. It helps to clarify ownership
Quiet title is an action lawsuit or legal proceeding that clarifies property ownership.
Unfortunately, there are instances when a prior transfer of title was not done properly, and this can complicate your claim of ownership by creating a title defect.
There are also cases when multiple claims to ownership of a property or house that was inherited can exist.
Other times, there may be another party who genuinely believes they hold title to the property.
If a property has multiple claims, disputed interest, or title defects on it, then the quiet title process will allow you to clear up any potential discrepancies that may remain on the title.
Some other issues that quiet title can resolve are as follows:
adverse possession claims
tax taking issues (i.e. when someone acquires title through a tax sale and wants insurable title)
boundary disputes or survey issues
Regardless of the issue, quiet title helps to determine ownership once and for all.
Examples
In case this is all a bit confusing, here are two examples where a quiet title action was required.
EXAMPLE 1:
Grandfather Jones passes away and leaves his property to his son, Mr. Jones, in his will.
Neither the son nor the estate initiates probate in the county where the property is located.
Mr. Jones passes away and leaves the property to his three sons in his will.
Again, neither the sons nor the estate initiated probate.
A few years later the sons try to sell the property, but the buyer’s title company will not insure the above chain of title.
In this case, there are two defective transfers that need to be cleared.
In addition, because one of the defective transfers was done so long ago, there is no realistic way to go through the probate process in the present day.
Therefore, quiet title is necessary.
In this example, the quiet title action was not contested and the judge ruled in the plaintiffs’ (i.e. the sons’) favor.
EXAMPLE 2:
Mr. Jones passes away and doesn’t leave a will.
His daughter begins paying property taxes on a parcel of vacant land that Mr. Jones owned.
Probate is not opened in the county where the property is located.
The daughter tries to sell the property claiming she is Mr. Jones’ only heir.
The buyer’s title company will not insure the property.
It turns out Mr. Jones had a couple of sons as well.
A few of the sons contest the daughter’s sole claim to the property.
In this case, a quiet title action is necessary since there are competing claims of ownership and no will.
This is also a case where the judge did not rule in the plaintiff’s (i.e. the daughter’s) favor given the scarce evidence that she had a greater claim to the property than Mr. Jones’ other children.
2. You may need a quiet title action to get a mortgage
If there are multiple claims, title defects, or disputed interest on your property, then you may need to file a quiet title action in order to obtain a mortgage loan.
This is because a quiet title action clears up any claims on the property title, which is sometimes required by a title company before they will issue title insurance.
Title insurance, in turn, is necessary to obtain a mortgage loan.
Long story short.
In certain circumstances, this isn’t a skippable step, especially if you are getting a mortgage.
Make sure you resolve any outstanding concerns at this stage in the process.
3. The legal process can take up to 6 months
While a quiet title action typically takes around 8 to 10 weeks to complete, it can also take up to 6 months.
The length of the process depends on your specific case.
If you are initiating a quiet title action just to clear up a technical issue, it will likely be a shorter process than if another party is actively claiming ownership.
Be sure to give yourself time and flexibility.
4. It costs roughly $1,500 to $4,000 depending on the circumstances
Quiet title action is never the first step.
In most cases, a title company will look to cure a title defect on their own, and a quiet title is their last-ditch effort.
But if you need to initiate a quiet title action, the cost will not only depend on your specific situation, but also on your location.
Each area has different regulations on how these types of situations should be handled, which can affect the price.
5. You can avoid a quiet title
Ultimately, the quiet title action process is costly.
It requires an immense amount of time and effort and slows down your personal timeline as you attempt to purchase a property.
Thus, there’s a lot of motivation for everyone involved (you, the title agent, etc.) to try to close on time and avoid the quiet title action altogether.
The lawsuit itself is intended to give every party with a potential claim to a home or a parcel of land an opportunity to present their evidence of ownership.
In the end, a judge will evaluate all the evidence presented and make their judgment.
If no one contests you in the suit, then you’ll be granted ownership rights.
The best way to avoid entering into a quiet title action is to seek advice from the right resources.
As mentioned above, the title company will often try to cure most title issues for you.
However, if something more complicated shows up, reach out to a local attorney with experience in this field.
They’ll be able to advise you on the best course, so you can avoid unnecessary action.
6. Contacting an attorney is wise
A quiet title action is a legal dispute.
That means it is a real lawsuit with plaintiffs and defendants.
The quiet title action is filed by the plaintiff or the plaintiff’s attorney in a court of law.
The defendant is then served notice of the suit and given time to respond.
In most cases, the defendant will be everyone who may have a claim to the property other than the plaintiff.
Oftentimes, the defendant never shows up or asserts interest, but it’s still best to have a lawyer represent you as the plaintiff.
Unless you have legal knowledge or experience with previous cases like this, it’s in your best interest to have a representative who can handle it on your behalf.
7. If you’re seeking to purchase an unoccupied house, you may want to file a quiet title action
If a home has been unoccupied for quite some time prior to your purchase, you may consider opening a quiet title action on it.
You may not know whether there are lessees, lien holders, or heirs that exist without your knowledge.
To ensure that your ownership can’t be undermined, you may want to have the title cleared by a judge.
Remember that loans, easements, corrected documents, and liens all have the potential for recording errors.
This means that you need the court’s help in resolving the issue before you can move on in the process.
If you do find out that there are heirs, lien holders, or unknown lessees on the property, then you can move forward in having them relinquish their claim.
8. Quiet title is often relevant to properties in certain unique situations
A quiet title may be pertinent to properties bought in foreclosure sales, estate sales, tax sales, or sheriff’s sales.
If you’re considering purchasing a home or parcel of land from one of these types of sales, it’s never a bad idea to open a quiet title action to ensure that you resolve any existing questions about the possible claims of unknown lien holders, heirs, or unknown lessees.
Likewise, a quiet title action can clear the title if deed fraud or forgery exists in the property’s conveyance history.
Or you may consider it when there are boundary disputes, survey inaccuracies, or a failure to indicate the correct/complete parcel in the deed.
A judge can help to clear these defects and identify the buyer’s rightful position in regard to the title.
9. If you acquired a property with a quitclaim deed, you may want to file a quiet title action
Quitclaim deeds convey a property, but give no warranty or promise that the title is clear.
This is why they are often used to convey title between family members or other related parties (such as from an individual to the individual’s trust).
In these cases, there is likely no issue if the original deed was a warranty deed or similar document.
However, if you acquire property from a third party via a quitclaim deed, you may want to consider a quiet title action to ensure title is clear.
As always, it’s best to consult with a lawyer before taking any action.
10. The quiet title action process includes a number of steps
These steps are the reason that the process can take so long.
The longest phase of the quiet title action process is often notification because it can take so long to find defendants.
Here are the steps you can expect.
Step 1: Complaint
This occurs when the legal action is filed within the county in which the property is located.
A document will be directed at any person or entity that stakes a claim on the property.
Step 2: Service
The clerk of the court issues service to the defendants in the case.
These may include heirs, prior lenders, and others who may have an interest in the title.
This basically means that the court will notify all defendants of the action.
The defendants will then usually have a set period of time to respond.
If it takes weeks to find the defendants in the case, then you’ll have a prolonged quiet title action.
Additionally, there are cases where one of the defendants is deceased.
In these situations, a guardian ad litem may need to be appointed to handle the case on their behalf.
All of these steps take time, which is why the process can be prolonged.
Step 3: Negotiation
In cases where no defendants respond or contest ownership, the process usually moves directly to judgment.
However, if a defendant responds, you may be able to enter into a negotiation with them depending on your situation.
For example, if the defendants are a mortgage company or another lienholder, then they may accept compensation in a certain amount to release the lien.
If a defendant is contesting your claim and is unwilling to negotiate, you will need to enter the litigation process.
Step 4: Judgment
In order to complete the case, you’ll need a judge to sign the judgment.
The plaintiff will receive the court order once the case has been decided.
Step 5: Recording
After you’ve received the judgment, you (as the plaintiff) must record the court order with the county where the property is located.
This prevents future claims to the title.
Step 6: Delivery of the order
The judgment and related documents must be delivered to the title company in order for them to issue the title policy for the property.
This is the conclusion of the case if there are no additional outstanding claims on the property.
11. Quiet title action comes with risks and limitations
Even if you go through the quiet title action process, there can still be multiple claims on a title.
Some jurisdictions only allow one quiet title action to address a particular claim or specific title defect at a time.
Nonetheless, you need a clear title to finance or sell a property.
Thus, it’s in your best interest to go through this process and seek assurance that you are the owner.
No one else should be able to claim ownership or interest in your property.
Consulting a lawyer can help ensure that you’re protected against any specifics in your case.
Final thoughts
While a quiet title action shouldn’t be your first step in clearing a title, it is a useful step in clarifying any existing claims on a property.
This type of lawsuit ultimately helps to simplify ownership when used in the right way.
Throughout this process, you’ll amicably resolve title issues or settle ownership disputes that exist due to issues with easements, property boundaries, previous ownership claims, or prior liens.
Reach out to a local real estate attorney if you think this is the right step for you and your property.
We also want to give a shout-out to Justin Sliva who contributed the examples in this post.
He is an active land investor and co-hosts Casual Friday’s REI Podcast with Adam Southey. Join them every Monday, Wednesday and Friday as they discuss some of the lessons they’ve learned over the years and more.
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Disclaimer: we are not lawyers, accountants or financial advisors and the information in this article is for informational purposes only. This article is based on our own research and experience and we do our best to keep it accurate and up-to-date, but it may contain errors. Please be sure to consult a legal or financial professional before making any investment decisions.
Prior to starting Gokce Capital, Erika received a Bachelor of Architecture from the University of Southern California and a graduate degree in Urban Policy from Columbia University. She worked as both an architectural designer and engineer in New York before joining the New York City Department of Housing Preservation and Development.
Erika currently lives in the New York Metropolitan area with her spouse, daughter and cat. She is originally from Chicago and still considers herself a midwesterner at heart.
Erika also loves to read, write and travel (fun fact, she has visited all 50 states and more than 30 countries!). Her new book, Land Investing Mistakes: 11 True Stories You Need To Know Before Buying Land, is now available on Amazon.
I had made five year property tax during administrator who has not made any action right after court granted deceased children as administrator?
Under California law that if I made full five year property tax I am eligible for full instead of 50%-50%.
Hello Donald, I don’t know of any law that would allow you to claim ownership simply because you were paying the taxes, but I would check with a local estate or real estate attorney.
Is a quiet title binding or legal if a person is encroaching your land and send 3 heirs of the land he’s trying to get right of way on quiet titles to fill out giving him permission and only one signs it is it binding or any good
Hello Scotty, this really depends on state and local law. I would recommend talking to a local land use attorney.
My wife and I live in a small town in Idaho and we moved into a property a real estate agent said she owned 7 years ago paid rent made improvements on the house and come to find out few months ago, she a real estate agent ,did not own the house ,did not have the title , so now she sued my wife and I plus some deceased person for a quiet title and now she’s evicting us. Claiming that we failed to pay rent for the last 3 years how is this even legal? I would love it if somebody would just go pro bono and take this woman on and rake her through the mud
Hello Dave and Jennifer,
I’m very sorry to hear about your situation. I would recommend reaching out to a local real estate attorney. Many of them offer free 30-minute consultation calls.
It has been 8 years since myself and my siblings has lost claim to real estate property that was left to us. Grant it my mother did leave my sister as well as another said person mentioned in the will How this could of happened unless there was 2 wills.
As I continued to dig and I am so determined to put myself and sisters minds knowingly that we will finally know what happened.
Hello Troy, was probate completed for your mother’s estate? If so, you may want to have an attorney review it and confirm that the property was transferred correctly to the appropriate heirs.
Erica,
I’m in the process of buying a property that the owner has let me move into a year-and-a-half ago. I’ve given her $1,000 down on the property. She’s asking me if the finance company can do a quiet title. There are no claims to the property in question. Will the mortgage company allow me to buy this property with a quiet title ?
Hello Kyle, this would be a question you should pose to the mortgage and title company. It really depends on the details of the property’s chain of title.
Hello,
I have an issue with a lost original quit claim deed that my sibling signed over to me as the only owner of a home. I have a copy of the quit claim deed was never recorded. Can I get it certified with the original notary that she actually did sign this quit claim deed in order to record the quit claim deed. Or do I have to do a quiet title law suit?
Thank you
Hello Sandra, if you still have the original notarized deed, I would think you could simply record it, but you should check with a local real estate attorney.
I made a mistake and signed a group of documents which essentially quit claim a multi unit to this guy who was my friend’s ex-brother-in-law. Well he has entered a business on my title and Wintrust has the mortgage in my name for 288,000. Help, how do I get him off so that Wintrust can foreclose finally.
Hello Leticia, I’m very sorry to hear of your situation. I would speak with a lawyer, but if you did record a quitclaim deed transferring title to the man, then you will likely need him to sign and record a quitclaim deed transferring title back to you.
Erika
My mother and sister had a home together… my mother quit claimed the home to my sister who was living with her. My sister had POA of mom. My mom started to get dementia ( even before the quit claim) and my sister was diagnosed with cancer. My sister started spending moms money at an alarming rate. I was granted guardian of my mother. My sister was angry and quit claimed the home to our brother who I’m sure coerced her to. My sister has passed away and mom passed a few years later. My brother never put the mortgage in his name… and it is in default with the bank. Is there a way to release the quit claim as he is defaulting on loan? He will not talk to us. We are afraid to hire lawyers as we went through that with the guardianship.
Hello Melissa, unfortunately, your brother would have to sign a deed quitclaiming the property back to you (if that is what you are hoping to do). Otherwise, you would need to check with a lawyer to see if there is any legal action you can pursue.
I bought a house in 2008 in a delinquent tax auction. I am now wanting to sell. The couple that owned it have passed away, but another name is also in the original deed. I was asked to do a quit title. What happeneds if this person wants the home. Do I loose the home? I have done a total remodel to it.
Hello Rebecca, that is the point of quiet title, to try and remove any claim that this other person has on the home. You may, however, want to speak with a lawyer to see how likely it is that a court will rule in your favor.
When I got married back in 2001 my (now ex-husband) (ex brother in law and I bought a house in 2002. The mortgage loan was strictly in my name and the deed was in my name and my ex brother in law. My ex husband was NEVER added to the mortgage or title. My brother in law moved out and signed a quit claim deed to me. The property remained solely in my name. My ex husband was abusive, controlling and very narcissistic. After years of physical and emotional abuse I finally had the courage to come forward and reveal the real monster behind the fake innocent look he portrayed in public. Me coming forward triggered major desperation and endless attempts to destroy me and justify his actions. He felt he would punish me by not paying the mortgage payments so that I would be homeless mind you we have 4 children together. He is very selfish to the point where he not once thought about where his children will live. He was too hung on destroying me. My family tried to keep the peace and tried numerous times to get us back together for the sake of our children. I had lost my career of 18 years in the medical field due to his controlling actions. With no income and bills piling up I was stuck and basically had to do whatever my family said in order for them to help me. My brother decided to help me by paying off the loan on the house so that the children and myself would not end up homeless being that the house was pending foreclosure. The house had a lot of equity in it. The value at that time was $200,000 plus. Amount owed was about $60,000. To lose a home worth 4 times what’s Owed was senseless. At the time I was suffering from battered wife syndrome, PTSD and depression. I trusted my brothers word that he was helping me save my home. Nonetheless the abuse was never ending. I had enough of it all and decided to handle it myself and asked everyone to stay out of my business. I slowly built up my strength and confidence in myself. Working hard and taking care of my 4 children. As of 4/20 my divorce was finalized. I was under the assumption the house would be sold and my ex and I would pay whatever my brother put in and we split the rest. The truth was revealed then…my brother paid the loan off as promised however he tricked me into signing multiple documents, basically taking advantage of my mental status and the trust I had in him. He changed the name on the deed into his wife’s name and put it under an LLC. I have been paying the taxes, claiming them on my personal taxes and have been paying all utilities which have been in my name for 20 years. My children’s address has always been the same and so has mine. Everything remained the same. I never met with anyone regarding the change of ownership. Never met with any title company. All documents he asked me to sign were emailed to me. Long story short…because of the fact that he disagrees with the decisions I have made in my life he chose to basically count me “dead.” He is trying to evict me from my home. We do not have a lease agreement; why would we? It’s my house. He has been communicating with my ex and from what I am gathering, he is either going to sell the home and give my ex the money or he wants to quit claim the home to my ex. Is it necessary to file a quiet deed suit in this type of situation or do I have other options that will stop my brother from basically stealing my home of 20 years from right under me?
Hello Amanda, I’m so sorry to hear about your situation. I would highly recommend speaking with a lawyer. Unfortunately, if you have already signed a deed transferring title to your brother’s wife, you may have a difficult time getting the house back, but it’s possible that a lawyer can help you fight for it.
Thank you for your feedback. I definitely will be speaking with an attorney because I was tricked and lied to. It was an illegal action on his end. I never sat with anyone explaining what was going on. How can any legal documents be drafted and submitted without actually sitting down with the other party. He did this all on his own. Even the notary was a family member therefore they were able to get the documents notarized after they tricked me into signing the quit claim deed.
Hello Amanda, this sounds like a truly horrible situation. I do wish you the best of luck.
Thanks for the great info here!
My wife and I were purchasing our home from an elderly gentlemen with a land installment contract. We lost it in an action for possession which was later discovered to be fraudulent; that is, the elderly (and extremely wealthy) gentleman developed dementia and was exploited. The predator forged the possession papers, including a fake lawyer. After discovering the fraud, we placed a lis pendens on the property and contacted the occupants and title company with a complete report on the fraud, everything needed to verify a break in the chain of title had occurred. After two months, we have received no response from anyone, our home is still occupied, and no action been taken to remove the lis pendens. Clearly, a quiet title action is necessary. In a situation similar to this one, would silence from the title company normally be expected? If we were wrong, certainly an action to remove the lis pendens would have been easy and swift for them. What might someone in a situation like this expect from a title company?
Hello Michael, that’s a very good question. I wouldn’t think that a title company should ever be unresponsive, but you may want to speak with a local real estate attorney to see what your options are.
Hello Erika,
I am trying to find out if I can help my grandmother file a quiet title action without an attorney in Idaho. I can’t find any resources for the proper paperwork. Is the estimation of $1500 to $4000 with attorney representation? Is this something we can file ourselves?
Hello Mariea, I would really recommend working with an attorney, but you can also try contacting the county courts to see if they have resources available to assist you.