Buying a new home is an exciting time. Finding out there is an issue with the property’s title can detract from what should be a happy time. You may ask yourself if you need a quiet title action if this happens.
Robinson & Henry Real Estate Attorney Kayla Banzali discusses what a quiet title action is in this article. As a side note, Kayla says you do not always need one, and she’ll go over some options that may be available to you to remedy your title problem. So keep scrolling to find out what those are.
Get Help with a Quiet Title Action
We encourage you to speak with a real estate attorney if you have a property issue. Our firm offers a free, 30-minute case assessment with a member of our Real Estate Team. During this meeting, you will discuss the facts of the case, and you may find out you do not need to hire an attorney at all. That’s definitely worth 30 minutes of your time. Call 303-688-0944 to set up that free case assessment or click here to schedule it online.
How to Fix Problems with a Property’s Title
Our real estate attorneys frequently get asked from clients is if they need a quiet title action to clear up an issue with a property’s title.
Oftentimes people discover there’s a problem with a property’s title through a title insurance company. At which point there’s a question about how to resolve the issue. Many times the phrase quiet title action is thrown out there.
One of the questions that we get asked sometimes is people that are going through a real estate transaction and find out that there is a cloud on the title. Sometimes they find out from a title insurance commitment that there’s just some sort of issue with the title to the property. At which point it becomes, is it necessary to do a quiet title action?
First, what is a quiet title action?
A quiet title action is an action that is filed with the court to clear the title or clean it up so that it becomes a good title.
When You Need a Quiet Title Action
So, do you always need a quiet title action to fix your problem? The answer to that question is: a quiet title action is not always necessary.
Sometimes you and your real estate attorney can resolve a title issue with some sort of corrective deed or release from the person who is clouding the title.
However, sometimes a quiet title action is necessary. For example, if the person clouding the title is deceased, or if you cannot locate the individual, then it is pretty much inevitable that you’ll need a quiet title action.
A good real estate attorney will always look for alternative ways to resolve the problem so you can avoid the time and cost of going to court.
As you can see, though, court action is sometimes necessary to clean up the title to a property.
More on Quiet Title Actions
A quiet title action will settle a question about who owns a specific piece of property, for instance. This action is appropriate when the potential exists for other individuals to make a claim to the land in question – even if no one has yet come forward to exercise this claim. In this case, notice is given to everyone who might have a claim to the property before the court quiets the title.
Steps Courts are Required to Take
In Colorado, courts have broad discretion over actions to quiet title. But even with this discretion, courts must follow certain parameters. For example, Colorado courts are limited to hearing quiet title actions that have occurred within six years of the lawsuit coming before the court.
Additionally, under Colorado law, courts must completely resolve competing claims for property, and courts must render a final determination as to who actually owns the property.
A quiet title action will resolve any doubt surrounding the ownership and control of a particular piece of property.
How to Bring a Quiet Title Action
When you file the suit, you’ll be required to submit a short and plain statement explaining that you are entitled to relief. This short statement is usually just a shortlist of the facts of the case.
Need Help with a Title Issue?
Our Real Estate Team is experienced in helping property owners resolve issues with titles. If you have a problem with your real estate title, schedule a free, 30-minute case assessment with one of our real estate attorneys. Call 303-688-0944 or click here to schedule online.