What is a quiet title action?

On Behalf of | Jan 7, 2021 | Real Estate Transactions

If you want to sell or refinance your New York City real estate holdings, you may need a quiet title action. This court proceeding ensures clear title by asking a third party to give up a potential claim to the property. Without clear title, banks will not loan money to refinance or purchase real estate. 

Review the process of filing a quiet title action in New York City. 

When to file a quiet title action

Situations that may require this legal process include: 

  • Easement disputes 
  • Purchase of a foreclosure 
  • Property purchased from a deceased person’s estate that relatives may seek to claim 
  • Allegations of fraud or otherwise improper sale of the property in question 
  • The end of a relationship with a co-owner of the property, such as a former spouse or business partner 

You can file a quiet title action anytime you have concerns about third-party real estate claims. 

How to bring this action

Anyone who has interest in a specific property can file a quiet title action in civil court. After doing so, you can officially serve notice of the claim to other potential claimants. They have a chance to attend a hearing and lay their own claim to the property. If they fail to do so, the judge will issue a clear title. Otherwise, he or she will determine who has fair claim to the property. 

Once you successfully file a quiet title action in New York City, the court will bar future claims on the real estate asset in question. Following the correct legal procedures can increase your chances of receiving a favorable decision.