Will a quiet title action begin on the property you wish to buy?

Perhaps you have finally found the home of your dreams in Kent County and you look forward to becoming the new owner.

However, there is some ambiguity with regard to the rightful ownership of this property that only a quiet title action can clear up.

What it is

If a question about rightful property ownership arises, a title search will commence. A quiet title action is a legal proceeding that determines such ownership. Once established, a title company will issue a title insurance policy enabling you to obtain a mortgage to purchase your dream home.

Possible issues

There are many scenarios that could prompt a quiet title action:

– a forged title from years ago

– possible heirs or lien holders of an unoccupied house

– boundary dispute or survey inaccuracy

– records missing after the presumed payment of a mortgage or tax debt

– purchase of the property will occur through a foreclosure sale, estate sale, sheriff’s or tax sale

Also, if the previous owner should die before completing conveyance of the property but wills the estate to a relative, a quiet title action serves to protect the buyer against any future challenge from an heir.

Road to resolution

Resolving a title issue can extend to a matter as seemingly simple as a recording error. However, depending on the complexity of the issue involving rightful ownership, clearing title may require real estate litigation in the Court of Chancery. When a quiet title action is successfully completed, you can look forward to becoming the rightful owner of that dream home in Kent County.



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