Some of the most advantageous real estate deals involve below-market properties that need fixing up, such as foreclosures.
In many cases, it’s not just the house itself that needs repairs — so does the title.
You as a real estate investor will likely come across properties that have documentation errors, easements, even liens against them.
So how can you ensure that the title is cloud-free?
You can use what’s called a quiet title action.
Quiet title action is essentially an amicable lawsuit in which there isn’t a monetary settlement. Instead, it resolves technical details of a title, deed, liens, and other property issues.
A quiet title action is a legal process that settles disputes over who owns a property in question.
A quiet title action also corrects any errors in the title’s chain of ownership.
Once a judge makes a ruling, the title becomes “quiet” and cannot be challenged again.
Next, we’ll look at both the advantages and disadvantages of using a quiet title.
Using a quiet title has several advantages. These include:
Though it has plenty of advantages, a quiet title comes with its fair share of disadvantages. These include:
While the elements of a quiet title action vary slightly in different states, the most common aspects of it are:
To resolve property disputes with a quiet title action, the plaintiff should file a complaint in the county’s property against the defendant.
The defendant can be:
If contested, the quiet title gets settled in court.
If the complaint is uncontested, or if the defendant doesn’t respond to the complaint, the judge issues judgment in the plaintiff’s favor.
To finalize the quiet title, the judge issues a signed court order with his ruling.
The court order then gets recorded in the property’s county.
Quiet title templates can be found online and are available for download.
Here are a few options:
Each real estate niche comes with its own advantages and disadvantages.
If a property is on an auction block for foreclosure or unpaid taxes, you can safely assume that liens exist for other unpaid debts.
As the new owner, the quiet title process assures you that the property has an undisputed clear title, making it ready to sell whenever you are ready.
A quiet title clears the way to being profitable with your new property.
As a real estate investor, ensure that you are up to date with all aspects of titles. Doing so can ensure that your next deal is the most profitable one yet.
Vice President, Fidelity National Title Insurance Company
Jeff Gross serves as Vice President and Manager for Fidelity National Title’s Columbus National Commercial Services (NCS) operation. Jeff and his staff handle commercial real estate transactions including the acquisition, disposition, and financing of scores of office, industrial, agricultural, multi-family, and retail centers located throughout the country. Since 1992, Jeff has worked in all facets of the title industry including commercial, residential, underwriting, sales, and marketing.
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