Clouds on Title

The ultimate goal of a Quiet Title action is often referred to as “removing a cloud on title.” As Michigan residents, we are privileged with observing all kinds of different weather, often within the span of only a few hours. However, I am not referring to the same type of cloud that might interrupt a sunny day. I am talking about the type of cloud that is recognized in Michigan as casting a shadow on an individual’s title to real property.

In the legal context, a cloud on title can be considered a defect of title, if even in the slightest way it casts any doubt on the property owner’s title. In other words, a cloud on title potentially stands in the way of the full and free exercise of property ownership. A cloud can be any circumstance that would make a potential buyer of the property or even a mortgage lender hesitant to purchase or issue a mortgage. A few examples of what may constitute a cloud on title include:

  • Tax auction property
  • Another individual claiming to be the true owner of the property
  • Broken links in the chain of title
  • Notices of a proposed taking by the government via eminent domain
  • Construction liens
  • Gaps in the Chain of Title
  • Undischarged Liens and Mortgages

Cloud on TitleThe good news is that the attorneys at QuietTitle.com have the experience and talent necessary to remove a cloud on title through the Quiet Title process. This action will correct any title defects you may have.

Sources:

  • Cole v. Cardoza, 441 F.2d 1337, 1343 (6th Cir. 1971) (Applying Michigan law)
  • Sokel v. Nickoli, 356 Mich. 460 (1959)
  • Alberts v. Steiner, 237 Mich. 143 (1926)
  • Fix v. Amiot, 251 Mich. 124 (1930)
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