Tuesday, May 8, 2018

Quiet Residential Titles vs. Clouded Titles


Attorney Cynthia Ann Miller of Hinsdale, IL, provides residential real estate services at her eponymous private practice. From her office in Hinsdale, IL, and other locations, Cynthia Miller represents clients in a number of legal disputes and matters, including quiet title actions.

A quiet title action clarifies the ownership of real property (land and buildings). It resolves any competing claims so that a prospective buyer of a property can make a free and clear purchase, without the threat of any future legal challenges to ownership. 

By contrast, a clouded title can interfere with the successful transfer of ownership. For instance, a foreclosure can hinder the current owner's release of the property. Additionally, problems may arise if a listed owner is deceased. Outstanding liens, clerical errors in recording the deed, and forged deeds can also cloud a title and add time and expense to the transfer of real property.

Regulations regarding quiet title actions vary according to jurisdiction. In some states, persons filing a suit must have possession of the property, while in others they do not need to be the possessor. Some states mandate that only titleholders may bring suit; in others, anyone having an interest in the property may initiate proceedings.