You will need to secure a mortgage loan and obtain title insurance in order to purchase property.
Perhaps the home you wish to buy has been unoccupied for more than a year. Should you file a quiet title action to address any possible claims to the title?
About a quiet title action
There may be ownership questions about the vacant property you wish to buy. A quiet title action is a legal proceeding that will determine legal ownership. You want to ensure that there are no conflicting claims and clear up any ambiguities that might exist within the chain of title.
Possible issues
Although it is wise to consider filing a quiet title action when the property in question has stood vacant for a length of time, other reasons might include:
- Property liens
- Boundary disputes including survey inaccuracies
- Inheritance disputes
- Deed fraud
- Inaccuracies in the public record
Verification
The complaint to quiet title must contain certain information, such as the legal description and address of the property. If based on adverse possession, the complaint must include the claims of the adverse party. There should also be a specific request for relief, damages or judgment in determining the plaintiff’s title.
Multiple clouds
Keep in mind that a quiet title action may not clear multiple clouds on the title, although it is effective for resolving a specific claim or title defect. When your goal is to ensure that you are the legal owner of the property you wish to buy, this kind of legal proceeding should help to prove that there are no conflicting claims.