Quiet Title Action: When To Call a Lawyer

Filing a quite title action isn’t a secretive way of getting the title of a property in your name. The “quiet” doesn’t refer to the action being hush-hush. Rather, quiet titles are named as they are because they quiet any disputes or potential disputes surrounding the ownership of property.

There are many reasons why the legal ownership of property could be open to dispute. A quiet title action is a lawsuit that is filed with the goal of ending any ambiguity of ownership of a piece of property.

If you win a quiet title action with the help of a lawyer experienced in property disputes, you will be in full, legal possession of the property. You will be considered the property’s rightful owner. You will have a right to sell your property, enhance it, or pass it to your heirs.

LloydWinter, P.C. is dedicated to helping clients defend their property rights with experienced, compassionate legal counsel.

Reasons People File Quiet Title Actions

Property ownership isn’t always completely clear. Sometimes titles are disputed. Sometimes there are errors in public records or inheritances. When a property owner receives a quiet title, they are finally ensured that their ownership rights are protected.

Title issues that can lead people to hire a lawyer and file a quiet title action include the following:

• Conflicting claims of ownership
• Unclear title history
• Break in the chain of title
• Property boundary disputes
• Easement disputes
• Removal of lienholders
• Errors in public records
• Undisputed, but technical title defect
• Death of a title owner without a will
• Unrecorded land transfer
• Tax sale purchases
• Adverse possession
• Non-judicial foreclosures

When To Call a Lawyer About a Quiet Title Action

A skilled property dispute lawyer or real estate attorney is your best advantage. Property has tremendous value, and a lawsuit involving the title of a property is not something you want to do on your own.

If you intend to file a quiet title action in Texas or California, contact us today. The steps to the quiet title process can be complicated. Consider the following:

• The plaintiff must research the status of ownership of the property. This is a detailed step, because it involves determining each title defect and each person or entity that may have a reason to claim ownership. This may require examining county land records online or in person. These records can be difficult to search. Anyone seeking a quiet title must not miss anything.
• The plaintiff must draft a quiet title petition. While plaintiffs can legally draft this document themselves, any document filed to start a lawsuit should be handled by an attorney for best results.
• The plaintiff will need to draft ancillary pleadings that may include summons, notice of publication, civil cover sheets, and more.
• All potential defendants who have a possible stake in the property must be notified by certified mail or process server. If they can’t be found, the plaintiff may need to notify them by publishing an announcement in a newspaper. This step must be done properly. If the plaintiff misses a possible defendant, their quiet title action may become pointless.
• Litigation may be needed, but if it’s not, a motion for default judgement will be required.
• The plaintiff will need to record the judgement with the county clerk so that it becomes a part of the land records and repairs the chain of title.

Also keep in mind that any future title companies might not want to insure a title that was secured by a property owner without the help of an attorney. It may seem like a risk.

If you receive word that someone else is attempting to file a quiet title action on property that you know to be yours, call an attorney immediately. If the plaintiff feels certain enough that they have a legal claim to your property, you won’t want to enter the courtroom without legal counsel, especially since the plaintiff will likely have their own legal counsel.

Real Estate Attorneys with Quiet Title Experience in Texas and California

LloydWinter, P.C. is a full-service law firm with experience in all types of property dispute litigation. We fight aggressively for the property rights of our clients. We have locations in both Plano, Texas and Fresno, California. If you need a property dispute attorney who can confidently stand behind you in court, contact us today.