A nn technical explanatin would be, that an action to quit title is filed when there appears to be a cloud on the title, or a “problem” with getting or conveying a clear title. The court basically decides who has title to the property and the court will convey the clear title.
My question to you is how come you’ve got an attorney and you still don’t know what this is. I think the attorney may need to do a better job explaining to you what is happening. Hs the attoney contacted the other party to see what their version of the story is before spending your money to file the court case. In other words to try and make them go away without filing the court case. Might be more cost effective, but don’t know.
Posted by Jason_ga on December 09, 2000 at 15:31:44:
Hey guys. I bought a house recently to rehab and resell. after I went to close with the new buyer it appears the lady tried to sell it twice. there is a man showing up as having a quit claim deed recorded three months later than mine. In Ga the first one to the courthouse wins . My attorney has filed for a quiet title action . can you explain more regarding the action . what goes on ?? thanks
Posted by Skipp Tracey on December 10, 2000 at 19:35:58:
I’m involved in my 3rd QT action right now (as plaintiff). My advice to you is save your money on legal eagles until he first hires HIS gun. The standard rule is “First in time, first in line”, and if your deed was recorded first, EVEN if his was SIGNED
first, then HE has a problem, not you. If there were 2 deeds, his problem is probably with the seller. Let him make the first move. (IMHO)
I agree with DewCO regarding the quiet title action. I am not certain that a quiet title action is necessary, but that would depend on GA laws. Suspicious situation though. 3 months is a long time difference. Either this guy is a fool, or a con man. I would do some research on him (see if any similar Deeds are titled to him).