Correcting of Title

It is a daily occurrence that my last name is mispronounced (for the record, it rhymes with kindling). It is also a daily occurrence that someone calls my often asking for a Quick Title lawsuit or  a Quite Title. I neither get upset at the butchering of my last name nor at the goofy ways that the Quiet Title process is referred.

Quiet Title, as the name suggests, is the quieting or correcting of title to real estate. I often simplify it to avoid confusion and just call it clearing of the title.

QuietTitleLogoEach deed that is signed conveying real estate from person “A” to person “B” is recorded in a record at the county’s register of deeds. The collection of all of the deeds recorded relative to a certain parcel make up its “title.” Title to real estate is like a chain on a bicycle.  If all of the links of the chain are in perfect order then the bicycle moves smoothly (and the title is said to be clear).  If a link is out of order or missing, the chain of title is said to be defective.

Some common examples of title defects include:
•A missing deed or gap in the chain of title
•An outstanding lien or mortgage that was never released or discharged
•A property bought at a Tax Sale
•A borrower’s failure to probate an estate

Quiet Title process is a lawsuit filed in the court to correct the defect.  The lawsuit should name any of the undischarged interest in the chain of title.  At the conclusion of the lawsuit, a judgment to quiet title is entered by the court.  This judgment terminates all of the interests of the named defendants.  It is recorded with the register of deeds in the same manner as a deed or mortgage would be recorded.  A correctly litigated quiet title action will correct all of the title defects.

My firm can assist with your title related issues.

 

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