For students, a dictionary can serve to them as a base of information on words and the meaning behind them. For everyone, our State’s laws serve to us as the base of information as to how our we as a society must operate. So for those looking into quiet title lawsuits, you’re probably asking the question of “what is Michigan’s quiet title law.”
To better understand the answer, we should know exactly where the law is coming from. That answer is MCL 600.2932. MCL 600.2932 is the statute which gives a property owner the right to commence and file a quiet title lawsuit in the circuit court. It is within this statute where there are various sections which explain the law in further detail. Below is the statute, word for word.
(1) Any person, whether he is in possession of the land in question or not, who claims any right in, title to, equitable title to, interest in, or right to possession of land, may bring an action in the circuit courts against any other person who claims or might claim any interest inconsistent with the interest claimed by the plaintiff, whether the defendant is in possession of the land or not.(2) No action may be maintained under subsection (1) by a mortgagee, his assigns, or representatives for recovery of the mortgaged premises, until the title to the mortgaged premises has become absolute, or by a person for the recovery of possession of premises, which were sold on land contracted, to whom relief is available under subdivision (1) of section 5634.(3) If the plaintiff established his title to the lands, the defendant shall be ordered to release to the plaintiff all claims thereto. In an appropriate case the court may issue a writ of possession or restitution to the sheriff or other proper officer of any county in this state in which the premises recovered are situated.(4) Any tenant or tenants in common who recovers any undivided interest in lands in an action under subsection (1) against a person or persons who may be in possession thereof, but who does not show in the trial of such action that he or they have any interest therein or title thereto, may take possession of the entire premises subject to all of the rights and interest of the other tenant or tenants in common therein.(5) Actions under this section are equitable in nature.
Any individual who may need to file a quiet title lawsuit should read over the statute in its entirety. You have the right to know your rights. Darren Findling explains the statute in more detail.