Is a Quiet Title Action a Lawsuit?
If you’re a homeowner in Arizona, you may have come across the term “quiet title action” and wondered what it means. A quiet title action is a lawsuit that’s filed to establish ownership of a piece of property. This type of lawsuit is usually filed when there’s some sort of dispute over who owns the property or if there are any liens or encumbrances on the property.
A quiet title action can be a complex and lengthy process, so it’s essential to have an experienced attorney on your side who can guide you through the process and help you understand your options. If you’re considering filing a quiet title action, contact Resolvere Law PLLC today at (480) 568-1327 for a free consultation. We’ll review your case and help you determine if a quiet title action is right for you.
When Should I Consider a Quiet Title Action?
Pursuing a quiet title action may be a good option in a real estate dispute.
The action may be appropriate in certain situations, including:
- When you purchase a property, and there are outstanding liens or judgments against the property that were not disclosed to you.
- When you purchase a property, and the seller does not have a clear title to the property.
- When you have been paying rent to a landlord for many years, and the landlord dies or disappears, and you want to establish your own title to the property.
- When a tenant in common or joint tenant dies, their interest in the property must be transferred to their heirs.
- When boundary disputes arise between neighbors.
- When there is a cloud on the title due to errors in the public records.
- When there is a dispute between neighbors about easements across properties.
How Do I File a Quiet Title Action?
In Arizona, you can file a complaint to quiet title under oath with the help of a lawyer. You must describe the claim and provide details about how the defendant is affecting you and your title. You must also include a request to establish ownership of the property and the right to bar the other party from claiming a right to the title.
Once the lawsuit has been filed, you or your lawyer must notify all parties who have any interest in the property. If they do not respond to the lawsuit, a judge may automatically rule in favor of the property owner. However, if other parties contest the lawsuit, your case will likely go to trial. During the trial, both sides will present their arguments to the court, and a judge will make a final decision based on that evidence.
Although filing a quiet title lawsuit may sound simple, it is a complex process that requires legal experience and knowledge. If you are considering filing a quiet title suit, contact our firm today for representation.
What Documentation Do I Need for a Quiet Title Lawsuit?
Before filing a quiet title lawsuit, it is essential to prepare all of the necessary documents you need. Talk to an attorney to assess what documents you need.
To win a quiet title lawsuit, and depending on the circumstances surrounding your claim, you may need any or all of the following:
- A land survey of the property.
- Certified copies of aerial photos from the last few decades.
- A Chain of Title Report showing the history of ownership of the land.
- A precise legal description from an Arizona-licensed surveyor of the land.
- A “litigation guarantee” showing which parties need to be included in the lawsuit.
- Other evidence admissible in Arizona court, including photos, videos, audio recordings, letters, and documents
- Proof that a quit claim deed and a written demand for a return of the quit claim deed were served to the potential defendants by an Arizona Process Server
A litigation guarantee is a report from an Arizona title company. This report will note the condition of the title and anyone claiming interest in the land. Sometimes, a survey is required for a litigation guarantee to be created.
How Can a Lawyer Help with a Quiet Title Action?
If you are dealing with a property issue in Arizona that involves title problems, you may need to file a quiet title action. This type of lawsuit is filed to resolve any disputes over who owns the property in question. A quiet title action can be a complicated legal matter, so it is essential to have an experienced lawyer on your side who can help you navigate the process.
As your legal representative, a lawyer on our team can help you prepare the necessary documents you need to file a lawsuit. Then, we can help you send a quit claim deed and ensure that the other party has been given the opportunity to respond. Finally, if your case goes to court, we will work on bolstering your lawsuit and presenting evidence in your favor to plead your case before a judge.
When Should I Get in Touch with a Lawyer?
If you are considering filing a quiet title action in Arizona, or if you have already been served with papers, contact us today. Our team has extensive experience handling quiet title actions in Arizona. We will work closely with you to understand the specifics of your case and develop a strategy that is designed to achieve the best possible outcome for you. Our law firm provides the skilled representation you need to obtain positive results. Don’t leave the future of your property up to chance. Call Resolvere Law PLLC today at (480) 568-1327 for a free consultation and to learn more about our services.