What situations typically give rise to a quiet title action?
Having a clear title is critical to the sale of any property in New York. Issues with the title can potentially destroy a real estate transaction and could even prevent the new buyers from obtaining title insurance on the property. Under New York law, a quiet title action can be filed to resolve an outstanding title issue. This action is filed in civil court by a plaintiff, which can be any interested party. Quiet title actions are of particular importance for homes sold through judicial sale post-foreclosure. Our Long Island title litigation attorneys explore the nature of quiet title actions in New York below.
Filing a Quiet Title Action
Quiet title actions are used to clear the title to a piece of property. If you own a property with a cloudy title, you will likely need to file a quiet title action. Clearing the title is especially important if you intend to sell or refinance the home in the near future. As a property owner, you can file a quiet title action in a civil court in New York. The action will be served on the other party that has an ownership claim to the property. Now, the defending parties must appear in court to assert a defense.
Often, for old title defects, no one will respond to the court filing. As such, the judge will likely issue a ruling in your favor, thus clearing the title defect. You will now have a clear title that will enable you to sell or refinance the home. Should the defendants contest the action, you will need to go to court and provide evidence in support of your claim.
Grounds for Filing a Quiet Title Action
There are several scenarios that will commonly warrant the filing of a quiet title action. Easement disputes are common place and can be solved through a quiet title claim. Alternatively, if you purchase a piece of property that was foreclosed, there may be title uncertainties that can be resolved with a quiet title action. Similarly, property purchased from a deceased person’s estate may come with title issues as at times heirs will later step forward to assert a claim to the property. For these scenarios and many others, a quiet title action will prove essential to clear your title to the property.
Posted in: Real Estate Litigation