How do you stop a quiet title filed against you?

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You can't stop it. An owner of property has filed a petition in court to extinguish any right, title or interest you may have in the property. You need to file an answer to the court explaining why you have a valid interest in the property. The court will decide the case on the merits. If you ignore it the plaintiff will win by default.

If you think you have a valid claim you should consult with an attorney who specializes in real estate law who can review the situation, explain your options and file your answer. You need to act as soon as possible.
An action to quiet title is a lawsuit filed to establish ownership of real property (land and buildings affixed to land). The plaintiff in a quiet title action seeks a court order that prevents the respondent from making any subsequent claim to the property. Quiet title actions are necessary because real estate may change hands often, and it is not always easy to determine who has title to the property. A quiet title suit is also called a suit to remove a cloud. A cloud is any claim or potential claim to ownership of the property. The cloud can be a claim of full ownership of the property or a claim of partial ownership, such as a lien in an amount that does not exceed the value of the property. A title to real property is clouded if the plaintiff, as the buyer or recipient of real estate, might have to defend her full ownership of the property in court against some party in the future. A landowner may bring a quiet title action regardless of whether the respondent is asserting a present right to gain possession of the premises.
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How do you file a Quiet Title Petition in Kentucky?

Answer . you must retain an attorney and file an action in supreme court...that court will be located along with other government buildings at the County center for your county

What is a quiet title action?

An "action to quiet title" is used to cure certain types of title defects discovered in the title examination. The action only clears the title of the defect brought forth in the complaint. Quiet title actions do not "clear title" completely. They are actions for the purpose of clearing a particular, known claim, title defect, or perceived defect. A common example arises when a missing interest is found during a prior period of ownership. Suppose a thorough title examiner discovered that a prior owner, William, had three sons when he died in 1949 and only two conveyed their interests. The third son disappeared. The present owner of the property can file an action to quiet title against that third son compelling him (by a published notice) to establish his claim to the property or be forever estopped from asserting it. Of course, the missing son does not usually show up for the hearing and the plaintiff is declared the owner by a court decree. A common title defect arises when a private party mortgage was never discharged. The morgage was granted to a friend thirty years ago and was paid in full. No discharge was ever recorded, the friend moved away and cannot be located. The statute of limitations has not yet extinguished the mortgage. The property owner would need to file an action to quiet title to remove the mortgage lien from the property.

How do I file a civil case action for quiet title in California?

One answer: Get a lawyer! Many people try to do these matters on their own to save a couple of dollars...in the end, they still end up getting a lawyer to fix the mistakes that were made.

How do you dispute quiet title in Minnesota?

You need to hire an attorney who can review the title to the property, the reason for the lawsuit and provide evidence to defend your position.

How do you file a quiet title lawsuit in Tennessee?

You should retain a real estate attorney licensed by the Tennessee State Bar Association. He or she will be familiar with the legal process and will guide you every step of the way. You can also represent yourself, however, I do not recommend that under any circumstances (unless you are a lawyer).

What documents need to filed in the court in Colorado to file a Quiet Title Suit?

The Complaint 1. Deed or other document granting you the property from whomever you purchased it; 2. All recorded documents thereafter, including: a. Mortgages b. Assignments of Mortgages c. Trust Deeds d. Substitution of Trustees

How do I File a quiet title in Arizona without a lawyer?

\nAnswer:\n. \nThat would be difficult because you need a legal opinion of the problem in the title and why it should be construed in your favor.

How do you file a quiet title in Arkansas?

Quiet title actions are not filed on a form. They are extremely complex cases that require extensive title research and an attorney who specializes in quiet title actions. You need to consult with one. Briefly: An attorney who specializes in real estate litigation must examine the title to determine what the issues are, what the state law says about those issues and if you have a superior claim of title. The attorney drafts the complaint, files it in the appropriate court and then proceeds to trial placing your claim in the best light. .

What is amendment to action to quiet title?

\n. \n Answer \n. \nSomeone has filed a court action to "quiet title" to real estate. That means that several people may be claiming the title to real estate and one has brought a complaint in a court of equity asking the court to make a judgment in her favor as to the ultimate owner. \n. \nThe facts are set forth in the original complaint where the plaintiff has presented all the evidence that she (via her attorney) has determined will prove her claim to be superior.\n. \nAn Amendment to the action means that the plaintiff has filed additional information or has corrected information contained in the original complaint.

How do you file a civil case action for quiet title in South Carolina?

A quiet title action is filed like any other civil action. Filed in the court of common pleas in the county where the land is located. The action is most often brought by a current owner and is brought against those who may have an interest in the land. The complaint alleges ownership and sets forth the circumstances leading to ownership and specifically identifies all parties who may have an interest (legal or equitable) in the property. The relief sought by the complaint is usually in the form of a confirmatory deed or a court order extinguishing the rights of those defendants identified.. While one can file an action to quiet title pro se (without an attorney) it would certainly be advisable to consult with an attorney prior to engaing in litigation. I would suggest you find an attorney who is experienced in real estate litigation. Most closing attorneys are not interested in tackling litigation but should be able to recomend and attorney who specializes in clearing title issues. Litigation can be complicated especially if heirs issues are present.. For more information, please feel free to contact my office:. Jeffrey T. Spell, Attorney at Law. Mt. Pleasant, South Carolina. (843)452-3553

What is the Statute of limitations on filing a quiet title action in Arizona?

There is no statute of limitations for filing a quiet title actionin Arizona. However the statute of limitations may apply if theperson filing the action enjoys undisturbed possession of theproperty in question and if so then the statute of limitations is 1year.

How do you file action for quiet title in Kansas?

The statue is clear that you simply file it. KSA 60-1002. List the names who you know have an interest. Serve it and list a catch all phrase for others.. Then list the facts.

If you file a lawsuit to quiet title to your ex-wife's house can a mortgage holder foreclose on the house and foreclose my interest?

This depends on who signed the mortgage document in question, and the date on which the document was signed. If you did not sign the mortgage, and the mortgage was filed after your divorce, you may have a claim to file a quiet title lawsuit (including a lis pendens). However, I'm not sure why title to the house was not decided during the divorce. Because this is a complicated matter, I suggest you consult an attorney (look in the phonebook for a lawyer who gives free consultations).

Should you file a Quiet Title Action or a Lis Pendens?

Those are not either/or legal terms. A lis pendens is a notice to the world that a lawsuit is pending, such as a quiet title action, that affects the title to real estate. You file the quiet title action and record a lis pendens in the land records to let any future buyers know that you have a claim against the real estate. The practices vary in different states so you should consult with an attorney in your state.

How do you file a quiet title lawsuit in Washington state?

A quiet title action requires an abundance of evidence that supports your claim to ownership. It is a complex and specialized area of law. Therefore, it is important that you find an attorney who is an expert in the law of real property and quiet title actions.\n. \nYou should make an initial appointment to discuss your claim and determine what your options are. You should bring with you any evidence that explains the problem with your title and also any evidence you have that supports your claim of ownership. \n. \nYou may find some information at the related question link below..

What forms are needed to file a Quiet Title Petition in Michigan?

Generally, the complaint needs to be drafted by an attorney who will state the nature of the problem. That type of case requires a lot of legal research and a comprehensive title examination to provide a basis for the claim. It's not a "fill-in" form you can download and file yourself.

Will filing quiet title action eliminate liens and mortgages on a parcel?

A quiet title action can only "quiet" liens or claims that have been made a part of the quiet title action. Usually that type of action involves an old but still active lien or mortgage that was paid but was not discharged as of record. Quiet title actions cover a very broad category and may vary in different state jurisdictions. You should consult with an attorney about your particular case. If you wish to wipe out unpaid liens and mortgages through a quiet title action forget about it.

If you file a quiet title with your lis penden will that stop the writ of possession in California?

A Writ of Possession in California indicates the mortgage is in default or the ownership of the property is in dispute. The case needs to be adjudicated in the court of jurisdiction. \n. \nA quiet title action must also be adjudicated in the court of jurisdiction and you would need grounds in order to obtain a decree forever barring the claims of your adverse party. It cannot be used to wipe out a bona fide mortgage lien.\n. \nYou need to consult with an attorney to determine what your options are.

How do you file a quiet title lawsuit in Florida?

Your question is too broad. You need to consult with an attorney who is an expert in real estate law. You would need to explain the nature of your legal claim, provide evidence to support your claim and the attorney would need to have extensive title research performed to ascertain the legal status of the title to the land in question. If the attorney decides to take your case she would need to draft a detailed complaint that sets forth your claim and the legal theory that supports your right to the property..

How do you file a quiet title lawsuit in New York?

You contact an attorney who specializes in real estate law who can determine if you have a valid claim.

Where do you file for Quiet title in New Mexico?

You need to file it in the District Court. Call your county clerk's office to learn where they are, or look in the blue pages of your local phone book. I live in NM and am researching this very subject. Good Luck!

Can you file a claim against a title company if the deed was fraud?

If you purchased an owner's title insurance policy and now you find the deed that conveyed the property to you was fraudulent you should make a claim against the title insurance AND against the malpractice insurance of the attorney who represented you when you purchased the property. Someone didn't do their job.

My deceased parents owned property in Maryland but their estates were never probated there. How do you file a quiet title in Maryland?

You need to contact an attorney who specializes in probate and real estate law in the area where the land is located. You may need to file probates for both your parents so that legal title will vest in you. The attorney can review the situation and explain your options.

What is an example of a quiet-title action?

"Quiet Title" is a very broad area of law and the following is general information only. State laws vary and the basis for an action to quiet title in one jurisdiction may not qualify in another. An attorney who specializes in real estate law where the land is located should always be consulted. Quiet title actions are brought for a very broad range of issues. Title indicates an interest in real property. Absolute title to real property is called a fee simple estate . Sometimes the title to a property is brought into question, often by defects disclosed during a title examination . A comprehensive title examination performed by a well educated and experienced title examiner is an essential part of any purchase of real estate. If the problem can't be solved by the attorney representing the seller then a quiet title action must be commenced if the seller wants to be able to sell the property with a clear title. The reasons for the quiet title action must be set forth in the complaint and the court will address only those issues . If a person brings a suit to extinguish the interest of a missing heir, the decision rendered in that case will not also wipe out an undischarged but still effective mortgage to a party who is deceased. The action will only extinguish a known claim. That is the reason a comprehensive title exam must be performed by a professional, one that usually goes further back than the usual exam so that any clouds or defects in the title can be disclosed and addressed in the suit. Quiet tile actions can be costly. Quiet title actions are often brought to extinguish the interest of missing heirs. Suppose 50 years ago William died and left his farm to his three sons, Harry, Tony and Gil. Harry died and left his interest to his two daughters, Judith and Paula. Judith conveyed her interest to her children, James and Sandra. A developer purchased the property 20 years ago by a deed signed by Tony, Gil, Paula and Sandra. James had been living in Africa for years and no one thought of him at the time of the conveyance. The developer sold several lots but after the sale of the last lot it was notified there was a missing interest. An excellent title examiner had noted that James never conveyed his interest in the real estate. James or his heirs could make a claim of ownership. The developer tried to locate any family members who could reveal the location of James or any wife or children he may have had. No information could be found after extensive and expensive professional research and no family members. The developer had to bring a quiet title action in court to clear the title to the property and thus the titles to all the lots that had been sold in the subdivision even though the owners had no idea there was a defect in their titles. A quiet title action can also be brought for any undischarged mortgage when a discharge cannot be obtained from the lender; title that passed through an invalid trust; missing deeds that were never recorded; property line disputes; errors in description that affect the amount of the property; ancient easements that have't been used for decades; adverse possession claims; tax titles; etc. You can read more about Quiet Title Actions in general at the link provided below.

Will filing for bankruptcy stop a forcloser Judgment against you?

If the judgment has not yet been granted by a court, it will stop the foreclosure. The mortgagee will have to file a motion for relief from stay to continue. If the judgment has been granted, it may stop the auction of the property. If the property has been sold, it will not have any effect. The answer can depend on your jurisdiction's laws regarding foreclosure, not on federal bankruptcy law, so consult a local bankruptcy attorney.

How do you file a civil case action for quiet title in New Mexico?

You must consult with an attorney who specializes in the law of real property in Mexico who can review your situation and explain your options.

Who pays for quiet title action?

Generally the owner of the property. However, if an owner ofproperty finds there is a title defect some time after theirpurchase, such as when a title examination is performed for arefinance or sale, the owner may go back to the attorney whocertified the title or to a title insurance company to recover thecost. It depends on the details. My ant had my uncle to deed herhome to him by power of attorney when my ant died she leftevervthing tomy uncle. MY uncle had me deed the property to meyears later using power of attorney also, USING THE SAME ATTORNEYEACH TIME. When uncle died left every thing to me. NOW 4 YEARSLATER HOUSE WAS SOLD BUT FELL THROUGH DO TO TITLE CO.WILL NOTINSURE SAID DUE TO SELF DEALINGS BY MY UNCLE & ME. THAT SAMEATTORNEY SAID HE WOULD DO A QUIET TITLE AT MY EXPENSE

How do you draft a complaint for quiet title?

Your question requires too broad an answer for this forum. You need to consult with an attorney or research the matter at a law library in your jurisdiction.

What is a quiet title and how much does it usually cost when it has to be filed at the court house?

A Quiet Title action is filed in a court of equity in order to clear a defect in the title to real property. There are varying complexities depending on the problem that needs to be addressed. I recently saw an average figure of $15,000 for Massachusetts. However, you need to consult with an attorney who can review your particular situation and explain your options and costs.

How do you fill out answer to quiet title complaint?

You perform the necessary title research and legal research to answer each item in the complaint and state your own legal position on why the plaintiff should not prevail.

How do you file a quiet title in ny state?

You need to consult with an attorney in your state who can review your situation and explain your options. A quiet title action isn't simply "filed" there must be a narrative that explains the facts, the chain of title and all the reasons why the court should render a decision in your favor. Therefore, a title examination must be performed and must then be set forth in the complaint. Quiet title actions are extremely specialized and can be costly.

How do you file a quiet title in Maryland?

You must consult with an attorney who specializes in real estate law in your jurisdiction who can review your situation, perform the necessary title research and draft the complaint in the best light to support your claim.

How do you file a petition for quiet title in Pennsylvania?

You consult with an attorney who can review your situation, examine the title to the subject property, research the law that governs the issues and explain your options.

How do you file a quiet title in Alabama?

Briefly: An attorney who specializes in real estate litigation must examine the title to determine what the issues are, what the state law says about those issues and if you have a superior claim of title. The attorney drafts the complaint, files it in the appropriate court and then proceeds to trial placing your claim in the best light. Briefly: An attorney who specializes in real estate litigation must examine the title to determine what the issues are, what the state law says about those issues and if you have a superior claim of title. The attorney drafts the complaint, files it in the appropriate court and then proceeds to trial placing your claim in the best light. Briefly: An attorney who specializes in real estate litigation must examine the title to determine what the issues are, what the state law says about those issues and if you have a superior claim of title. The attorney drafts the complaint, files it in the appropriate court and then proceeds to trial placing your claim in the best light. Briefly: An attorney who specializes in real estate litigation must examine the title to determine what the issues are, what the state law says about those issues and if you have a superior claim of title. The attorney drafts the complaint, files it in the appropriate court and then proceeds to trial placing your claim in the best light.

How do you file a quiet title in New Hampshire without an attorney?

That would be difficult because you need an examination of your title, legal opinion of the problem in the title, how it is affected by state law and strong evidence to support your claim. It is a specialized area of law and there are certain attorneys who represent that type of case. You would also need to spend some time in a law library to study up on the rules of civil procedure since every step would need to be taken properly with proper notice and filings. That would be difficult because you need an examination of your title, legal opinion of the problem in the title, how it is affected by state law and strong evidence to support your claim. It is a specialized area of law and there are certain attorneys who represent that type of case. You would also need to spend some time in a law library to study up on the rules of civil procedure since every step would need to be taken properly with proper notice and filings. That would be difficult because you need an examination of your title, legal opinion of the problem in the title, how it is affected by state law and strong evidence to support your claim. It is a specialized area of law and there are certain attorneys who represent that type of case. You would also need to spend some time in a law library to study up on the rules of civil procedure since every step would need to be taken properly with proper notice and filings. That would be difficult because you need an examination of your title, legal opinion of the problem in the title, how it is affected by state law and strong evidence to support your claim. It is a specialized area of law and there are certain attorneys who represent that type of case. You would also need to spend some time in a law library to study up on the rules of civil procedure since every step would need to be taken properly with proper notice and filings.

What can a person do if his brother files for a quiet title?

Consult with an attorney who can review your situation and explain your options. Consult with an attorney who can review your situation and explain your options. Consult with an attorney who can review your situation and explain your options. Consult with an attorney who can review your situation and explain your options.

How do you file a suit to quiet title in Virginia?

You consult with an attorney who is familiar with that type of lawsuit. You consult with an attorney who is familiar with that type of lawsuit. You consult with an attorney who is familiar with that type of lawsuit. You consult with an attorney who is familiar with that type of lawsuit.

Who has right to quiet title?

The plaintiff must be the person(s) who has title to the property and can prove that their claim is the strongest as opposed to that of the adverse party. The plaintiff must be the person(s) who has title to the property and can prove that their claim is the strongest as opposed to that of the adverse party. The plaintiff must be the person(s) who has title to the property and can prove that their claim is the strongest as opposed to that of the adverse party. The plaintiff must be the person(s) who has title to the property and can prove that their claim is the strongest as opposed to that of the adverse party.

How do you file action to quiet title in Georgia?

Quiet title actions are extremely specialized and complex. Briefly: There are attorneys who specialize in quiet title actions. You cannot possibly file one for yourself unless you have extensive experience in the law of real property and title theory. You need to consult with an attorney who specializes in real estate law in your jurisdiction who can review your situation, perform the necessary title research and draft the complaint in the best light to support your claim. Quiet title actions are extremely specialized and complex. Briefly: There are attorneys who specialize in quiet title actions. You cannot possibly file one for yourself unless you have extensive experience in the law of real property and title theory. You need to consult with an attorney who specializes in real estate law in your jurisdiction who can review your situation, perform the necessary title research and draft the complaint in the best light to support your claim. Quiet title actions are extremely specialized and complex. Briefly: There are attorneys who specialize in quiet title actions. You cannot possibly file one for yourself unless you have extensive experience in the law of real property and title theory. You need to consult with an attorney who specializes in real estate law in your jurisdiction who can review your situation, perform the necessary title research and draft the complaint in the best light to support your claim. Quiet title actions are extremely specialized and complex. Briefly: There are attorneys who specialize in quiet title actions. You cannot possibly file one for yourself unless you have extensive experience in the law of real property and title theory. You need to consult with an attorney who specializes in real estate law in your jurisdiction who can review your situation, perform the necessary title research and draft the complaint in the best light to support your claim.

I recently found out that there is a strip of land inside my fence line that I do not have title to. Both people formerly on the title are deceased. How do you file for quiet title in California?

You need to consult with an attorney who specializes in real estate and conveyancing who can review your title and explain your options. Quiet title actions must be drafted for each specific case and they must address the title issues specific to the subject parcel. You may need to get a deed from the heirs of the former owners if title to the strip is still in their name. You need to consult with an attorney who specializes in real estate and conveyancing who can review your title and explain your options. Quiet title actions must be drafted for each specific case and they must address the title issues specific to the subject parcel. You may need to get a deed from the heirs of the former owners if title to the strip is still in their name. You need to consult with an attorney who specializes in real estate and conveyancing who can review your title and explain your options. Quiet title actions must be drafted for each specific case and they must address the title issues specific to the subject parcel. You may need to get a deed from the heirs of the former owners if title to the strip is still in their name. You need to consult with an attorney who specializes in real estate and conveyancing who can review your title and explain your options. Quiet title actions must be drafted for each specific case and they must address the title issues specific to the subject parcel. You may need to get a deed from the heirs of the former owners if title to the strip is still in their name.

How do you file a quiet title in Massachusetts?

Briefly: An attorney who specializes in real estate litigation must examine the title to determine what the issues are, what the state law says about those issues and if you have a superior claim of title. The attorney drafts the complaint, files it in the appropriate court and then proceeds to trial placing your claim in the best light.. Briefly: An attorney who specializes in real estate litigation must examine the title to determine what the issues are, what the state law says about those issues and if you have a superior claim of title. The attorney drafts the complaint, files it in the appropriate court and then proceeds to trial placing your claim in the best light.. Briefly: An attorney who specializes in real estate litigation must examine the title to determine what the issues are, what the state law says about those issues and if you have a superior claim of title. The attorney drafts the complaint, files it in the appropriate court and then proceeds to trial placing your claim in the best light.. Briefly: An attorney who specializes in real estate litigation must examine the title to determine what the issues are, what the state law says about those issues and if you have a superior claim of title. The attorney drafts the complaint, files it in the appropriate court and then proceeds to trial placing your claim in the best light..

How do you file a quiet title in Montana without a lawyer?

You need to visit a law library, research the issue in your state, rely on your own legal experience and background in the related law and write your complaint.. You need to visit a law library, research the issue in your state, rely on your own legal experience and background in the related law and write your complaint.. You need to visit a law library, research the issue in your state, rely on your own legal experience and background in the related law and write your complaint.. You need to visit a law library, research the issue in your state, rely on your own legal experience and background in the related law and write your complaint..

How do you file a counter-suit for a quiet title action in South Carolina?

Quiet title actions are extremely complicated and are best handled by an attorney who specializes in real estate litigation. Generally, the title to the subject property must be examined by a professional and then the governing law must be applied to the argument as to who has the greater claim to the property. If you are not an attorney who specializes in real estate then you do not have the background required to prepare a counter-suit. You should consult an attorney. Quiet title actions are extremely complicated and are best handled by an attorney who specializes in real estate litigation. Generally, the title to the subject property must be examined by a professional and then the governing law must be applied to the argument as to who has the greater claim to the property. If you are not an attorney who specializes in real estate then you do not have the background required to prepare a counter-suit. You should consult an attorney. Quiet title actions are extremely complicated and are best handled by an attorney who specializes in real estate litigation. Generally, the title to the subject property must be examined by a professional and then the governing law must be applied to the argument as to who has the greater claim to the property. If you are not an attorney who specializes in real estate then you do not have the background required to prepare a counter-suit. You should consult an attorney. Quiet title actions are extremely complicated and are best handled by an attorney who specializes in real estate litigation. Generally, the title to the subject property must be examined by a professional and then the governing law must be applied to the argument as to who has the greater claim to the property. If you are not an attorney who specializes in real estate then you do not have the background required to prepare a counter-suit. You should consult an attorney.

Can you file for a kansas quiet title without an attorney?

That would be difficult because you need an examination of your title, legal opinion of the problem in the title, how it is affected by state law and strong evidence to support your claim. It is a specialized area of law and there are certain attorneys who represent that type of case. You would also need to spend some time in a law library to study up on the rules of civil procedure since every step would need to be taken properly with proper notice and filings.. That would be difficult because you need an examination of your title, legal opinion of the problem in the title, how it is affected by state law and strong evidence to support your claim. It is a specialized area of law and there are certain attorneys who represent that type of case. You would also need to spend some time in a law library to study up on the rules of civil procedure since every step would need to be taken properly with proper notice and filings.. That would be difficult because you need an examination of your title, legal opinion of the problem in the title, how it is affected by state law and strong evidence to support your claim. It is a specialized area of law and there are certain attorneys who represent that type of case. You would also need to spend some time in a law library to study up on the rules of civil procedure since every step would need to be taken properly with proper notice and filings.. That would be difficult because you need an examination of your title, legal opinion of the problem in the title, how it is affected by state law and strong evidence to support your claim. It is a specialized area of law and there are certain attorneys who represent that type of case. You would also need to spend some time in a law library to study up on the rules of civil procedure since every step would need to be taken properly with proper notice and filings..

How do you file action for quiet title in Virginia?

Quiet title actions are very complicated and require a lot of legal experience and preparation. You need to consult an attorney who specializes in real estate litigation. Quiet title actions are very complicated and require a lot of legal experience and preparation. You need to consult an attorney who specializes in real estate litigation. Quiet title actions are very complicated and require a lot of legal experience and preparation. You need to consult an attorney who specializes in real estate litigation. Quiet title actions are very complicated and require a lot of legal experience and preparation. You need to consult an attorney who specializes in real estate litigation.

Can a foreclosure action go forward against a property that has been awarded quiet title?

Yes, if the owner of the property granted a mortgage and then failed to pay it.

What is a quiet title in real estate?

As in Any Business G Jack Donahue Miami Billionaire has SO many Holdings having backed Hundreds of early start ups of bus boys dish washers Garbageman etc when South Beach began in earnest he according to legend kept 52% of all QUIET. Title ownerships one smart guy, I read he has found GOD and is fighting evil somewhere in South East Asia ....."

Can a quiet title be filed after foreclosure?

A quiet title action is a remedy brought by a party with interest in a property to remove invalid claims of interest in the property. A foreclosure by a party that has the right to foreclose a valid debt under a valid mortgage and note is not considered an invalid claim. You may be referring to quiet title used as a defense to foreclosure. That type of action is a relatively new maneuver designed to challenge the validity of documents associated with the mortgages that have been recorded during a long period of sloppy lending and careless record keeping by mortgagees and their assignees. It has been used successfully in many states. Attorney workshops are being offered on the topic. Quiet Title is reported as routine in some jurisdictions but it is not routinely allowed. It is part of the trend toward attacking the vulnerabilities of lenders who have not paid enough attention to the chain of title for holders of notes and mortgages, and toward MERS not being a legal interest holder in mortgages that pass through its system. In one case in California, the mortgagor filed a quiet title against the lenders who were foreclosing. They did not respond to the lawsuit. The court heard the plaintiffs evidence and the plaintiff won by default. If you think you may have success with a quiet title remedy you need to find an attorney in your jurisdiction who is familiar with that type of case and who can review your situation and explain your options. It can be a complicated and costly endeavor. The best time to file a quiet title lawsuit is during the foreclosure. The attorney could advise if a quiet title can be pursued in your case after the foreclosure has been completed. See related links for more reading on this topic. ADDITIONAL ANSWER: One has to look at this question from more than one point of view. In addition to people who have lost or are in danger of losing their interests in real property in a foreclosure proceeding, a quiet title action may be filed after a foreclosure by a person who acquired title after or as a result of a foreclosure. For example, if the current owner acquired title after a foreclosure and if the chain of title had some defect prior to and unrelated to the foreclosure, that defect would still exist. The foreclosure does not by itself, wipe out all clouds upon the title especially if notice had not been given to someone with an interest in the property. If the new owner wanted to eliminate that defect and have a clean chain of title, he would file a quiet title action after the foreclosure.

How do you file a quiet title in Cleveland Ohio?

Briefly: A quiet title action isn't simply "filed". Quiet title actions are extremely specialized and can be costly. An attorney who specializes in real estate litigation must examine the title to determine what the issues are and the strength of your claim and what the state law says about those issues. The attorney drafts the complaint, files it in the appropriate court and then proceeds to trial placing your claim in the best light. Briefly: A quiet title action isn't simply "filed". Quiet title actions are extremely specialized and can be costly. An attorney who specializes in real estate litigation must examine the title to determine what the issues are and the strength of your claim and what the state law says about those issues. The attorney drafts the complaint, files it in the appropriate court and then proceeds to trial placing your claim in the best light. Briefly: A quiet title action isn't simply "filed". Quiet title actions are extremely specialized and can be costly. An attorney who specializes in real estate litigation must examine the title to determine what the issues are and the strength of your claim and what the state law says about those issues. The attorney drafts the complaint, files it in the appropriate court and then proceeds to trial placing your claim in the best light. Briefly: A quiet title action isn't simply "filed". Quiet title actions are extremely specialized and can be costly. An attorney who specializes in real estate litigation must examine the title to determine what the issues are and the strength of your claim and what the state law says about those issues. The attorney drafts the complaint, files it in the appropriate court and then proceeds to trial placing your claim in the best light.

How do you file a quiet title after tax sale?

A quiet title suit is a complicated area of law. You should contact an attorney who specializes in real estate law.