When selling or refinancing property in New York you sometimes need what’s called a “quiet title action”.
Without a cleared title, banks will not loan you money to refinance or purchase real estate in New York.
What is a Quiet Title Action?
So, what is a quiet title action?
Simply put, a quiet title action is a legal action that is intended to clarify ownership of a given property.
Title actions are typically used in cases where the title or ownership of a property is in question.
As the beneficiary of a quiet title action, you will be protected by any future attempts by a third party to acquire or claim the property.
Cases where a title action would be needed could include mortgage-lender disputes, the death of a title owner, cases of adverse possession, and long periods of time where a property was completely unoccupied.
A New York real estate attorney will help you through the process of a quiet title action, ensuring your property is safe and that the ownership of it is not only clarified but protected in the future.
When to File a Quiet Title Action
The following situation may require that you file a quiet title action:
- Easement disputes
- After purchasing a foreclosure to ensure there are no claims or issues with the title.
- Purchasing a property where the owner is deceased to make sure that relatives do not later seek to claim it.
- Any allegations of property fraud or improper sale of property.
- When terminating a relationship with someone who co-owned the property, such as a business partner.
- Anytime you have concerns about third-party real estate claims.
How to File a Quiet Title Action
If for one of the above reasons you need to file for a quiet title action, your real estate attorney can do so by filing a lis pendis, officially serving summons, and complaint to other potential people who have a potential claim or interest on the property.
During the quiet title action, anyone who laid a claim on the property will have a chance to attend the court hearing and lay their own claim on the property. If they fail to do so, the court will issue that the property has a clear title. If they have a valid claim, the judge will determine who has a fair claim and issue the property’s title accordingly.
In New York, once you have successfully filed a quiet title action, the court will suspend the rights of any future claims on the property in question.