What Is A Quiet Title Action?
It is quite probable that disputes arise in cases where a property is inherited, purchased with a third-party investment, or jointly owned. Usually, such cases require professional legal mediation to avoid making a big deal of something that could have been easily sorted.
One such method of solution is quiet title action. By definition,
“Quiet title action is a special legal proceeding to determine ownership of real property.”
Primarily, the Quiet Title Action allows the party with the claim of ownership to file an action to the quiet title. This serves as a lawsuit against all others who have claimed ownership of the real property or shown interest in doing so. However, if the case successfully favors the owner filing Quiet Title Action, no further challenges can be made to the title.
It is important to know that a dispute or a defect in the title or ownership of real property is enough to put Quiet Title Action on the table as a solution. Situations where multiple parties claim ownership or show interest in the property title can lead to claims that are called clouds. These should be removed from the title for the property to have a marketable title that is free from all defects.
Basically, the idea is to literally silence all the other parties involved and be declared the sole owner or title to the real property without any defects, dispute, or lawsuits risking its marketability.
Filing a Quiet Title Action in Chicago
Evidently, if you think that you own a piece of real estate, whether it is land or any other property, you would want your sole ownership over it and remove any claims that someone else owns your land with you.
Hence, you would take assistance from a reputable attorney and file a Quiet Title Action and demand to have a hearing in front of the Master of Equity to be legally declared the sole owner of the property.
Ideally, filing a Quiet Title Action tells other parties involved that you intend to disregard and remove their claims. And if they want to defend those claims, they would be required to attend the hearing and participate in presenting their argument.
Therefore, if you prevail in your Quiet Title Action, you will be literally quieting anyone else’s claims on the asset itself and removing any confusion or misunderstandings in the title, thus clarifying the question of legal ownership.
Uses of Quiet Title Action
While it is quite clear the main purpose of a Quiet Title Action, it has more than one uses.
- It clears up any claims of ownership over real property or any other title property, for that matter, after the owner’s death. Especially in situations where there are heirs to the property, and the confusion is about whether all of them were notified of the estate sale, Quiet Title Action literally clears the air.
- It resolves any issues arising with a mortgage lender interested in the property, and their interest was not properly dealt with even after the loan was paid off.
- It clears the title to a real property unoccupied or unowned for quite some time, allowing third parties to make bids for purchases legally.
- It helps to show and convey interest in the property when a Quitclaim Deed is placed in which the previous owner disclaims interest in the property but does not guarantee the title is clear.
- It helps convey title to a property in case of adverse possession in which a party has illegally occupied a property that is not theirs to lay a claim to legally.
- It can also settle disputes arising from errors in surveying and tax issues on real property.
What to Expect From a Quiet Title Action?
In an uncomplicated situation, the Quiet Title Action goes uncontested, and you will be able to walk home with the quitclaim deed that states that all other parties are uninterested and have surrendered. This will allow you to record your ownership of the real property title in the county records and further validate your claims to the property.
However, if your Quiet Title Action is contested, then a trial would be held to identify the party that is the rightful owner and has the strongest ownership claim. Both the plaintiff and the defendant would be given a chance to prove that their claim is stronger. The trial’s conclusion would draw an order removing the claims of the defeated party by the Master of Equity.
Similar to the uncontested scenario, the order would then be entered in the county records to finalize the action and chain of title to update the prevailing party’s claim to the property and history of the ownership of the title.
Whether you are the plaintiff or defendant, on both sides of the Quiet Title Action, you would require legal help, as well as mediation and getting the right help can greatly work in your favor. Fortunately, Grzymala Law Offices can help you if you are in the greater Chicago area.
To get the results you need, work with our experienced and knowledgeable lawyers. We are currently practicing construction law, mechanics lien enforcement, commercial litigation, and business law. Our comprehensive understanding of the intricacies of Illinois construction law will ensure that you have the best representation possible. Contact us today for further queries and details.