What is a quiet title action?

Answer 1

An "action to quiet title" is used to cure certain types of title defects discovered in the title examination. The action only clears the title of the defect brought forth in the complaint. Quiet title actions do not "clear title" completely. They are actions for the purpose of clearing a particular, known claim, title defect, or perceived defect.

A common example arises when a missing interest is found during a prior period of ownership. Suppose a thorough title examiner discovered that a prior owner, William, had three sons when he died in 1949 and only two conveyed their interests. The third son disappeared. The present owner of the property can file an action to quiet title against that third son compelling him (by a published notice) to establish his claim to the property or be forever estopped from asserting it. Of course, the missing son does not usually show up for the hearing and the plaintiff is declared the owner by a court decree.

A common title defect arises when a private party mortgage was never discharged. The morgage was granted to a friend thirty years ago and was paid in full. No discharge was ever recorded, the friend moved away and cannot be located. The statute of limitations has not yet extinguished the mortgage. The property owner would need to file an action to quiet title to remove the mortgage lien from the property.

Answer 2

"Quiet Title" is a very broad area of law and the following is general information only. State laws vary and the basis for an action to quiet title in one jurisdiction may not qualify in another. An attorney who specializes in real estate law where the land is located should always be consulted.

Quiet title actions are brought for a very broad range of issues. Title indicates an interest in real property. Absolute title to real property is called a fee simple estate. Sometimes the title to a property is brought into question, often by defects disclosed during a title examination. A comprehensive title examination performed by a well educated and experienced title examiner is an essential part of any purchase of real estate. If the problem can't be solved by the attorney representing the seller then a quiet title action must be commenced if the seller wants to be able to sell the property with a clear title.

The reasons for the quiet title action must be set forth in the complaint and the court will address only those issues. If a person brings a suit to extinguish the interest of a missing heir, the decision rendered in that case will not also wipe out an undischarged but still effective mortgage to a party who is deceased. The action will only extinguish a known claim. That is the reason a comprehensive title exam must be performed by a professional, one that usually goes further back than the usual exam so that any clouds or defects in the title can be disclosed and addressed in the suit. Quiet tile actions can be costly.

Quiet title actions are often brought to extinguish the interest of missing heirs. Suppose 50 years ago William died and left his farm to his three sons, Harry, Tony and Gil. Harry died and left his interest to his two daughters, Judith and Paula. Judith conveyed her interest to her children, James and Sandra.

A developer purchased the property 20 years ago by a deed signed by Tony, Gil, Paula and Sandra. James had been living in Africa for years and no one thought of him at the time of the conveyance. The developer sold several lots but after the sale of the last lot it was notified there was a missing interest. An excellent title examiner had noted that James never conveyed his interest in the real estate. James or his heirs could make a claim of ownership. The developer tried to locate any family members who could reveal the location of James or any wife or children he may have had. No information could be found after extensive and expensive professional research and no family members.

The developer had to bring a quiet title action in court to clear the title to the property and thus the titles to all the lots that had been sold in the subdivision even though the owners had no idea there was a defect in their titles.

A quiet title action can also be brought for any undischarged mortgage when a discharge cannot be obtained from the lender; title that passed through an invalid trust; missing deeds that were never recorded; property line disputes; errors in description that affect the amount of the property; ancient easements that have't been used for decades; adverse possession claims; tax titles; etc.

You can read more about Quiet Title Actions in general at the link provided below.

Answer 3

Someone has filed a court action to "quiet title" to real estate. That means that several people may be claiming the title to real estate and one has brought a complaint in a court of equity asking the court to make a judgment in her favor as to the ultimate owner. The facts are set forth in the original complaint where the plaintiff has presented all the evidence that she (via her attorney) has determined will prove her claim to be superior. An Amendment to the action means that the plaintiff has filed additional information or has corrected information contained in the original complaint.