A quiet title action is a lawsuit that seeks to resolve, or “quiet,” a dispute over the ownership of a specific property. One may file a lawsuit against anyone who tries to claim ownership of a property that you believe is yours. For these cases, you may want to contact a real estate lawyer to help guide you through this timely process.
The Purpose of Filing a Quiet Title Action
The overall reason one may file a quiet title action is to establish ownership of a property. This is important because if you don’t have a clean title on the property, you may have trouble selling it or obtaining financing information. This action’s primary goal is to quiet anyone who may try to challenge the ownership of the property.
Who Can File?
Determining who can file for a quiet title action depends on the state you live in. For some states, only the lender who holds the mortgage can file. In others, they require the current property owner to file. Michigan is a bit more laxed, allowing any person with claims to the property (no matter if they’re in possession of the land or not) to file a claim.
There doesn’t need to be an active dispute for the plaintiff to file in a court of law. Once you submit the complaint, the defendants will be notified and given a time restraint to respond. If there is no response from the defendant, the plaintiff will receive a clear title. However, if the defendant does contest, then the complaint will go to court. On average, it takes about 2-4 months to complete. Though, there isn’t a definite answer to how long this will take.
If you own property in the Detroit area and want to prevent the possibility of anyone making claims on your property, contact the experienced attorneys at the Law Offices of Aaron D. Cox. Our attorneys specialize in quiet title actions and are determined to support property owners.