What is a Quiet Title Action?

A quiet title action is an action filed to resolve ownership rights or lien issues to your property so title is clear. These actions are commonly brought by an individual or legal entity that becomes aware of some other party claiming an interest in the property they may not be entitled to. 

 

More recently Quiet Title Actions are filed by homeowners against their mortgage lender because the mortgage is no longer enforceable. This occurs when the lender has commenced a foreclosure action and the foreclosure action has been discontinued or dismissed by the Court and more than six years have passed since the first foreclosure was originally filed. A Quiet Title Action is commenced to remove the mortgage as a lien/encumbrance from your property by an Order of the Court which Order is then filed with the County Clerk. 

 

Have you sold your property or ever attempted to sell your property and your title company advised you there is a mortgage from the prior owner that was never satisfied? Did the title company require money to be held in escrow until the mortgage no longer clouds title? It’s unlikely that your real estate attorney was retained after the closing to help you take the necessary steps. Even if they were, I have found most do not have the necessary expertise to help you remove the old mortgage. A Quiet Title Action if done properly will remove the encumbrance requiring the title company to return your money held in escrow.

 

At the Law Office of Henry Graham we have years of experience helping property owners and borrowers remove claims of ownership against our clients properties as well as settling or removing altogether mortgages which are no longer enforceable. 

 

Has someone made a claim of ownership against your property? Do you think the statute of limitations has expired and your mortgage is no longer enforceable?  Contact our office for a consultation for a detailed review of your potential case.