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Is a quiet title action necessary to purchase your new home

| Dec 10, 2020 | Firm News |

The home you intend to purchase is perfect for you in every way and you feel fortunate to have found it.

However, there is some ambiguity concerning title to the property. Will a quiet title action be necessary to clear this up?

About quiet title action

Quiet title action is a legal proceeding that determines rightful ownership of a particular property. It can resolve an ambiguous situation or ensure that there are no conflicting claims to the title in question. The party that files the complaint could be the potential buyer, the mortgage lender, the holder of the title or someone who is in possession of the property.

Potential issues

There are several scenarios that might require the filing of a quiet title action:

– the potential buyer is interested in a foreclosure sale, an estate sale or a sheriff’s sale

– the property conveys through a quitclaim deed rather than a warranty deed

– there are boundary or survey disputes that require the court to correct the rightful position of a buyer in the chain of title

– records are missing after payment of a mortgage or tax debt

– questions concerning possible claims relative to an unoccupied house need resolution

Clear title success

Whether someone is selling a property or acquiring the financing needed to purchase, clear title to the property is essential. In your case, quiet title action will resolve any ambiguity that exists and ensure that there is no cloud on the title. With this accomplished, you can obtain a mortgage loan and can look forward to becoming the rightful new owner of your dream home.

 

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