What is a quiet title action?

On Behalf of | Jul 19, 2021 | Real Estate |

Purchasing property is a momentous occasion. However, the celebratory mood can quickly sour if someone else claims title to the property. Images of legal bills and court battles may inundate your mind.

However, before you start panicking, many title disputes are easily resolved with an efficient legal tool known as a quiet title action.

What Is a quiet title action?

Essentially, a quiet title action is a kind of lawsuit. When you move to quiet title, you’re asking the court to recognize your legal right (in this case, to the property in question) and submitting evidence to show why they should rule in your favor.

When a court grants a quiet title action, sole title is vested in the moving party and all other claims to the property are quashed.

Filing a quiet title action is relatively simple, as they’re often nothing more than a few pieces of a paper, a legal brief, and evidentiary exhibits such as affidavits.

When are they effective?

In addition to their efficiency and cost-effectiveness, quiet title actions are also prized for their versatility. They can be used in many different contexts, including (but not limited to):

  • adverse possession
  • conveyance via quit claim deed
  • boundary disputes
  • mortgage lender disputes
  • fraudulent conveyance

Problems they can’t solve

Quiet title actions cannot be used to resolve issues with the property itself. For example, if someone buys a home only to realize it has a compromised foundation; a quiet title action cannot be brought against the seller.

Although they seem simplistic on the surface, quiet title actions are complex legal documents that should only be drafted with the help of an attorney.

An experienced real estate attorney can foresee legal problems that a lay person may not contemplate. Furthermore, they understand how the court is likely to interpret certain terms and can structure the action to maximize the likelihood of success.

Mississippi residents shouldn’t hesitate to get started. If cost is a concern, many lawyers offer a free initial consultation at no out-of-pocket cost to the client.