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Do I Need to Have Possession to Quiet Title to Property and other Common Questions?

quiet-title2Do I need to have possession to quiet title to property?

No, in fact there is a process whereby we can file a Complaint for Unlawful Detainer along with the Quiet Title Action following a foreclosure sale or tax deed sale for instance.  You do not need a separate eviction and you do not have to wait for the person to be out before you file to quiet title.

How long following a judgment against a mortgage company must I wait to quiet title?

Even if the mortgage is no longer enforceable, the mortgage lien itself remains.  Generally you must wait until five years following the maturity date of the mortgage.

Do I need to Quiet Title following a Tax Deed Sale?

Usually yes.  Most underwriters will not issue title insurance for a sale or refinance following a tax deed sale without a quiet title action.  The purpose of the quiet title action is to ensure the Clerk correctly followed procedures to conduct the sale and now the property is solely titled to the tax deed buyer free of clear of most liens except for municipality type liens.  All potential lien holders must be served with process in the quiet title action.

How long does it typically take to quiet title and do I need an attorney?

Most uncontested actions take 60-90 days to Final Judgment so it is relatively fast.  It is important to hire an attorney who is well versed in real property issues, foreclosures etc. in order to have the Quiet Title Action move as quickly and smoothly as possible.  There are a number of technical issues that must be done correctly that a layperson would have difficulty performing.

Some attorneys own their own title companies (or are associated with one or more title companies), and/or are Brokers and can assist in the sale of the property following a successful quiet title action.  We for instance have close associations with several reputable title companies and Christie D. Arkovich is also a licensed Real Estate Broker, and owner/operator of RealtyWorks, LLC.

 

For more information on quiet titles, please see our Quiet Title Section at Christie D. Arkovich, P.A.

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