It is a daily occurrence that my last name is mispronounced (for the record, it is Findling and rhymes with the word kindling). It is also a daily occurrence that someone calls my office asking for a Quick Title lawsuit. I neither get upset at the butchering of my last name nor at the goofy ways that the Quiet Title process is referred.
I really understand why people refer to it as a Quick Title. It seems to be a blending of a few words and the client’s goals. Specifically, people are calling my office for a quick resolution of their particular title issue – a Quick Title.
Or maybe, it is the blending of the term Quit Claim Deed, which is often misidentified as a Quick Claim Deed, and the term title.
Either way, the correct term is Quiet Title. 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.
So what does it mean to clear title?
Each deed that is signed conveying real estate from person “A” to person “B” is recorded at the county’s register of deeds. The collection of all of the deeds recorded relative to a certain property 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. And, a quiet title (or a quick title) action is needed.
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
A correctly litigated quiet title action should correct all of the title defects.
And, if you call my office (877) YOUR-FIRM and refer to it as Quick Title, I will know exactly what you mean. It will get done Quick…And your Title will be resolved!