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Understanding a Quiet Title Action A quiet title action occurs when one property claimant challenges one or more other people in a court of law for the purpose of determining who is the rightful legal owner of the property in question.
Definition. A special legal proceeding to determine ownership of real property. A party with a claim of ownership to land can file an action to quiet title, which serves as a sort of lawsuit against anyone and everyone else who has a claim to the land.
A lawsuit for quiet title must be brought in local Superior Court. To begin the lawsuit, the plaintiff (the lender or homeowner) files a complaint with the court followed by a Notice of Pendency of Action (a Lis Pendens) that is recorded with the county recorder and filed with the court.
The remedy of quieting of title is governed by Article 476 and 477 of the Civil Code, which state:The plaintiff must have legal or equitable title to, or interest in the real property which is the subject-matter of the action. He need not be in possession of said property.
Silent deeds, known as quiet title actions, are used to "quiet" opposition to title rights on a property. If you are not entirely sure that your title is clear of all known or unknown encumbrances or challenges, filing a quiet title action is how to proceed in many cases.
In a quiet title action, a party with an interest in the property files a lawsuit against any other parties who have an apparent claim to an interest in the property.In Pennsylvania, actions to quiet title are heard by a judge, not a jury.
When two or more persons have adverse claims to the same property, any of them may file a quiet title action. The purpose of the quiet title action is to eliminate an adverse claim to a legal interest in the property and to establish, perfect, or quiet the title in the property in one or more of the claimants.
Why would a property owner file a quiet title suit?the owner against liabilities and losses resulting from title defects. A lender's title insurance policy generally protects. the lender against the possibility that the lender's lien cannot be enforced.
What Is a Quiet Title Action? A quiet title action, also known as an action of quiet title, is a circuit court actionor lawsuitthat is filed with the intended purpose to establish or settle the title to a property.