Part of buying or selling a home in Indianapolis is performing a title search. But what if the title search reveals a defect in the title in which someone has a claim to the property or there is some other encumbrance? In such cases it may be necessary to pursue a quiet title action.
What is a quiet title action?
A quiet title action is a lawsuit that is filed in order to establish or settle the title to the property being purchased. Specifically, filing a quiet title action is important in cases in which there is a disagreement regarding the title and legal action must be taken to clarify who owns the property. Some examples of when quiet title actions are necessary are if there is a dispute with the mortgage lender, if the title owner passed away, if there is a case of adverse possession or if the property has been unoccupied for an extended time period.
Quiet title protections
A successful quiet title lawsuit does not necessarily mean the new property owner will enjoy the same level of protection against the prior property owner. For example, if problems with the property are uncovered the new property owner cannot file a lawsuit against the prior property owner unless they have a warranty deed and filed the lawsuit for defects upon the delivery of the warranty deed. In addition, depending on state law quiet title actions can only be used in certain circumstances, such as instances of specific claims or title defects.
Learn more about real estate litigation
Quiet title claims are only one type of dispute that could arise in the sale or purchase of real estate. This post is for educational purposes only and does not contain legal advice. Those who want to learn more about real estate litigation can visit our firm’s website for further information on this important topic.