Whether you own property down the road from your primary residence or vacation property by the beach, it is very important that you have a clear and valid title to the property. If you do not, it may be difficult to obtain title insurance or a mortgage. If you believe that there is a dispute about your property rights, you should consult with a qualified real estate attorney about what steps you can take to resolve the issue. A quiet title action is one of the legal remedies you can pursue.
A Quiet Title Action is a legal proceeding that involves a court judgment declaring that you are the rightful owner of a piece of real estate. The judgment is then recorded in the county records just like a deed would be. It is commonly used to adjudicate property line disputes, easements, gaps in the chain of ownership due to foreclosure or estate sales, disputed claims by lien holders and others, and more.
The plaintiff in a quiet title action is the person who brought the lawsuit and claims that their ownership interest trumps any other claim to the property. The defendants are anyone else who potentially has a claim to the property. Once all sides have been heard by a judge, the defendants can either defend their claim or settle it with the plaintiff. If the lawsuit is successful, it will result in a judgment clearing the property’s title, and a certified copy of the judgment will be recorded in the county records.
If you are considering purchasing a home or commercial property, you should always have the title checked. If there is any question about the title, you should discuss your options with a skilled and knowledgeable New Jersey real estate lawyer.
The Matus Law Group can help you determine if you are the legal owner of your property and will protect your rights should there be a dispute. Contact us today to schedule a consultation with an experienced attorney.
New Jersey Quiet Title Action Details
A quiet title action is a lawsuit in which you ask the court to clear up any issues with the title of your real property so that you can make a clean and clear transfer. It is sometimes called an ejectment action, but the term quiet title is more descriptive of its purpose and effect. Although quiet title actions can be filed in an ejectment proceeding, it is usually more appropriate to bring the action in a special civil division. This is because ejectment actions are expedited and do not allow for the exchange of discovery evidence in the same way that a quiet title action can. The legal process of a quiet title action takes some time, but it can be an effective tool for resolving property disputes. Our experienced team can walk you through the process and provide guidance every step of the way. Call our offices for a consultation with a real estate attorney.
From the decades-long violence between the Hatfields and McCoys to the daytime drama of Judge Judy, feuds over property capture our attention. But real estate disputes often do not require fisticuffs or even a court hearing to resolve. Instead, quiet title actions are a powerful legal tool that can help property owners settle these disputes without resorting to litigation. If you are facing a dispute over real estate ownership, a dedicated real estate lawyer may be able to help you determine if a quiet title lawsuit is right for your situation.
Quiet title actions are a type of lawsuit that helps clear the title for real property, including homes, commercial buildings, land, and investment properties. They are typically filed in the Chancery division of the Superior Court, which hears cases involving "equitable" disputes. This includes situations where monetary damages are insufficient to fully compensate the non-defaulting party.
A primary reason for a quiet title action arises when a title company identifies a defect in the property's title. In order to obtain satisfactory title insurance, the title company requires that the defect be corrected. This can include problems like a missing spouse or child on a deed; a forged deed; or a break in the chain of title due to an estate sale. Quiet title actions, as well as boundary or easement disputes, surveying errors, and claims by lien holders, often result from such defects.
In some cases, property disputes involving real estate can also involve squabbles between neighbors. For example, boundary lines are often misinterpreted or incorrectly defined in property deeds. This can lead to disagreements about where a homeowner's property line actually ends and what the proper boundaries are for a piece of land. In this case, a quiet title action can help resolve these issues by establishing the legal rights of each neighbor.
Other grounds for a quiet title action include tax issues with a property; errors in surveying; fraudulent conveyance of the property by coercion or a forged deed; treaty disputes between nations; and competing claims by reverters, remainders, or lien holders. Generally, such claims must be settled through a quiet title action.
If you need to file a quiet title action to resolve an issue with your property, it is important to seek help from a New Jersey real estate lawyer immediately. An experienced attorney can review your legal situation, explain the procedures involved in a quiet title action, and handle any necessary paperwork to ensure your interests are protected. Contact us today to schedule a consultation. Whether you are buying or selling a home, commercial building, or piece of land, having a clean title is crucial to your investment and your ability to sell the property in the future. A knowledgeable lawyer can help ensure that all claims to the property are resolved and the property's title is free and clear of any defects. This will make it much easier to sell the property later on, should you choose to do so.
When you own real estate, whether it's residential or commercial property, you want to be able to sell the land, building, or home without any problems. If there are disputes over ownership, the property can be difficult to sell or secure a mortgage on. A lawsuit known as an action to quiet title is a way for a court to settle such disputes.
There are many different situations in which a person might want to file an action to a quiet title. These include issues related to liens, gaps in the chain of ownership, adverse possession, and boundary disputes. A New Jersey real estate attorney can help you determine whether an action to a quiet title is a good option for your situation.
A quiet title is a civil action filed in court to resolve conflicts over ownership of real estate. The goal is to ensure that the party filing the suit has a clear title to the property. An action to quiet title is often used to dispute claims by other parties that they have a legal right to the property or land in question.
The case law in New Jersey indicates that someone who wants to use an action to quiet title should first be in "peaceable possession" of the property. There are some exceptions, such as when the person claiming adverse possession has been occupying the land for 20 years or more and has established all elements of the requirement for a claim to title.
Other cases in which a quiet title suit might be appropriate are when there is a break in the chain of ownership for the property or when someone has been wrongfully denied a deed for the property. Quiet title actions can be filed for both commercial and residential properties.
An action to quiet title is typically filed in the Chancery Division of the Superior Court. This is a special part of the court that hears cases where it is determined that monetary damages will not adequately compensate the non-defaulting party for the breach of their contractual duties.
There are also some circumstances in which an action to a quiet title may be a good option for homeowners who have been foreclosed on by banks or lenders. The recent Appellate Division decision in Suser v. Wachovia Mortgage, FSB has opened the door for homeowners to affirmatively bring an action to quiet title rather than waiting for their bank or lender to initiate foreclosure. However, there is still extensive case law that states that the plaintiff must be in peaceable possession of the property for the action to proceed. If you are a homeowner who has been foreclosed on by your bank, an experienced lawyer could help you fight back against the claim that your property is subject to a lien or another adverse claim. A real estate attorney could also help you to defend a claim brought by another party to quiet title to your property. This would involve attending a hearing and arguing that the other party's claim is invalid or mistaken.
The Matus Law Group
125 Half Mile Rd #201A, Red Bank, NJ 07701
(732) 785-4453