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Is a clear title issue delaying the sale of your property?

| Aug 24, 2020 | Real Estate Transactions

You own a fine piece of property on Long Island. You purchased it nearly 20 years ago and have finally decided to put it up for sale. 

However, there is a clear title issue, which could jeopardize the sale of your lot. Is a quiet title action the next step? 

An action in civil court

There are various situations for which a quiet title lawsuit is the proper remedy. Often two or more parties claim ownership of a house or piece of property. Occasionally someone alleges fraud when a piece of property changed hands. Situations like these can result in a cloud on the title, which can cause a delay in a real estate transaction. A quiet title lawsuit will usually commence in civil court. The plaintiff who claims to be the rightful owner of the property will file the complaint. Anyone else who claims an interest in the property must mount a defense and a judge will decide the outcome of the suit. 

A special proceeding

Under New York Consolidated Laws, RPA Sections 1941 and 1942 speak to a special proceeding to quiet title. If it becomes necessary to judicially confirm ownership of property conveyed as the result of a sheriff’s sale or auction, the claimant must present a petition to the New York supreme court. The petition must include information that includes a certified copy of the sheriff’s deed. 

A way forward

No matter how you acquired your Long Island lot 20 years ago, you want to avoid a delay of any kind in the sale. Sound guidance and quiet title action will help you gain clear title and enable you to proceed confidently with the real estate transaction. 

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