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How long do you have to advertise a property for a quiet title action?
Wiki User
∙ 11y ago
Depends on which state you are in.
Wiki User
∙ 11y ago
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What is a petition or motion to clear title to real property?
That would be an action to quiet title.
Does having a quiet title protect future owners of the property?
All future owners will have the benefit of the decision rendered in the quiet title action.
What is the Statute of limitations on filing a quiet title action in Arizona?
There is no statute of limitations for filing a quiet title action in Arizona. However the statute of limitations may apply if the person filing the action enjoys undisturbed possession of the property in question and if so then the statute of limitations is 1 year.
What is the procedure for quiet title action in Ohio?
A real estate attorney will file the quite title action in the local court. A judge will look over all of the activity on the title and determine who the true owner of the property is. Once this determined the action will prevent any one other than the true owner from claiming the property is theirs.
Will filing quiet title action eliminate liens and mortgages on a parcel?
A quiet title action can only "quiet" liens or claims that have been made a part of the quiet title action. Usually that type of action involves an old but still active lien or mortgage that was paid but was not discharged as of record. Quiet title actions cover a very broad category and may vary in different state jurisdictions. You should consult with an attorney about your particular case. If you wish to wipe out unpaid liens and mortgages through a quiet title action forget about it.
How do you respond to a Quiet Title?
An action to quiet title is a lawsuit filed to establish ownership of real property (land and buildings affixed to land). The plaintiff in a quiet title action seeks a court order that prevents the respondent from making any subsequent claim to the property. Quiet title actions are necessary because real estate may change hands often, and it is not always easy to determine who has title to the property. A quiet title suit is also called a suit to remove a cloud. A cloud is any claim or potential claim to ownership of the property. The cloud can be a claim of full ownership of the property or a claim of partial ownership, such as a lien in an amount that does not exceed the value of the property. A title to real property is clouded if the plaintiff, as the buyer or recipient of real estate, might have to defend her full ownership of the property in court against some party in the future. A landowner may bring a quiet title action regardless of whether the respondent is asserting a present right to gain possession of the premises.
How many years must pass before marketable title can be claimed from a Tax Deed in Florida?
In order to be able to sell or mortgage the property you need to bring a Quiet Title action in the appropriate court. The decree will bar any future claims against the property and make it insurable. You can review a good discussion of the procedure at the link below. As mentioned above a quiet title will make void and nullify inferior liens and encumbrances but superior encumbrances will stand regardless of filing the quiet title action. After acquisition of a tax deed in Florida there are basically three options. 1. Sell your interest in the property via Quit Claim Deed without insurable/marketable title. 2. File your quiet title action and after being favorably adjudged in the Civil Court of which the property lies, you can then convey the property free of inferior liens but any superior liens will need be satisfied and those parties of interest should be acknowledged and paid prior to filing. 3. Do not file your quiet title action, hold your interest in the property for 4 years, pay off the superior encumbrance/lien holders and make sure you pay all dues, taxes associated with the property during that time. This in essence will purge the title of those inferior parties of interest holding an interest. In accordance to the general underwriting practices you will have insurable title.
What is a quiet title and how much does it usually cost when it has to be filed at the court house?
A quiet title action is a type of lawsuit filed to establish ownership and clear any competing claims or "clouds" on a property's title. The cost of filing a quiet title action can vary depending on the jurisdiction and complexity of the case. Generally, filing fees and attorney fees can range from a few hundred to several thousand dollars. It is advisable to consult with an attorney to get an accurate estimate of the cost specific to your situation.
What is a bar claim action?
A bar claim action, sometimes referred to as an "action to quiet title", is an action to compel the determination of claim to real property. Different states have different statutes that govern bar claim actions. In New York State, Article 15 of the RPAL (Real Property Actions and Proceedings Law) govern a bar claim action. Generally, one would file a bar claim action to have marketable title to real property. One would typically have to file a bar claim action during the course of bankruptcy, obtaining title through adverse possession, or quieting title to a property acquired by quit claim deed. -Perrault Jean-Paul
How do you file quiet title in Ohio?
A quiet title action is a complicated area of law. If you had the expertise to draft a complaint to quiet title then you would know how to file it. You should seek the advice of an attorney who could review your situation and explain your options.
What is the the statute of limitation on a quiet title in the state of Florida?
Quoted from Answers.com; Wikipedia Florida has no redemption period. The winning bidder is provided a tax deed. A quiet title action must still be filed to obtain title insurance, however a tax deed in Florida is a sellable title. The title to the property becomes fully insurable four years after the date of the tax deed sale. Cases in which individuals were able to recover their property after a tax deed auction in Florida are extremely rare. They will take a court action and an extensive period of time. Also in Florida any improvements made on the property during the time the tax deed holder is in possession of the property must be reimbursed by the original owner should they be successful in their lawsuit to recover their property.
Should you file a Quiet Title Action or a Lis Pendens?
Those are not either/or legal terms. A lis pendens is a notice to the world that a lawsuit is pending, such as a quiet title action, that affects the title to real estate. You file the quiet title action and record a lis pendens in the land records to let any future buyers know that you have a claim against the real estate. The practices vary in different states so you should consult with an attorney in your state.
