Quiet Title - Posted by John


#1

Posted by Irwin on November 04, 1998 at 06:21:56:

The QT action, as John explains, is a Court adjudication (fancy word for judgment) that the tax sale buyer has obtained title to the property that is superior to all other claims, liens, etc… including those of the former owners, mortgage holders etc…(except U.S. tax liens). The reason for QT is that there are so many loopholes in most tax sale statutes (that can result in a void sale) that title insurance companies won’t insure title to a tax sale purchaser until QT is completed. So, be sure that you are going to get a clear title policy before you close and pay the purchse price.
Also, be aware that QT is a lawsuit that can be contested (by the former owner or lenders) and dragged out in court.


#2

Quiet Title - Posted by John

Posted by John on November 03, 1998 at 07:44:34:

I have inquired on a property that was bought at a tax sale. I Made an offer that they accepted, but I told them that I wanted to make sure there were no clouds on the title, they said that they were applying for a quiet title, could someone please tell me if this is a real type of title and what it means.

Thanx John


#3

Re: Quiet Title - Posted by Kevin(OK)

Posted by Kevin(OK) on November 04, 1998 at 23:05:00:

I recently did a deal where the heirs of a lady who owned a house did not have the cash (or the desire) to go through probate. We paid the three heirs $500 each to sign quit claim deeds. We then did a quite title, which basically sues the homeowner(s) for title to the house. Since there are no owners, we get the house. Actually, we bought this house after the sheriffs sale, but that is another story.

Kevin(OK)


#4

Quiet Title Action - Posted by John Behle

Posted by John Behle on November 03, 1998 at 09:58:30:

A “Quiet Title Action” isn’t a form of title, it is a court process to “quiet” the title - to remove problems and make a ruling as to the title. It is a matter of having a judge rule on the status of the title or remove “clouds” from the title. A cloud is some kind of interest that prevents someone holding clear title. A quiet title action can then result in clearing up the title for the owner.


#5

Any title problem - Posted by John Behle

Posted by John Behle on November 04, 1998 at 12:08:07:

A quiet title action is used to clear up any problems with the title, not just regarding tax sales. For example, let’s say you pay off a loan and the Beneficiary cannot be found or will not co-operate with signing a “Release of Lien” or “Satisifaction of Mortgage”. A QTA could clear it up.

If an easement is abandoned and you want to remove it, a QCT could be used. We have a situation right now where a property we bought has a fence that has been “mis-placed” for over 20 years. According to adverse possession laws, the property rights have been established - no matter who holds deeds or pays taxes. A neighbor is trying to get control of a piece of ground that runs through our property, while a previous owner has a piece that runs through his property. A “Fence Line Boundary Agreement” will clear it up, but if one or all of the 4 affected parties refused to sign, a quiet title action would be needed and would be a simple matter in this case.