Common Title Issues That Can Disrupt Indiana Real Estate Transactions
Property ownership isn’t as simple as it might seem. Owning title to property doesn’t necessarily mean you own it free and clear. There may be easements, covenants, liens, judgments, claims by prior owners, and other issues that raise questions about the property's ownership.
We collectively refer to these issues as “title defects” or a “cloud on the title.” Such issues can prevent you from obtaining insurance, selling your property, or otherwise doing what you want with it. A quiet title action is a legal process to resolve those title defects and clarify and confirm property ownership. Here’s what you need to know.
Reasons You Might Need a Quiet Title Action
- To resolve lien issues if a previous mortgage or other debt related to the property was not properly dealt with.
- To clear up any gaps in the title if the property was unoccupied for some time.
- To properly convey title to the property in an estate sale after the death of the owner.
- To sort out disputes involving easements, boundary disputes, and other conflicts between owners of real estate.
Steps in the Quiet Title Process
While Indiana law allows property owners to pursue quiet title actions on their own, it’s always in your interest to work with an experienced real estate attorney. Identifying and resolving title defects is an often complex process, and you don’t want to miss any details. Here are the steps we typically take:
- Research Ownership & Identify Title Defects. This may involve searching county land records and other records pertinent to the real estate in question. The goal is to precisely identify the title issue or issues to be resolved in the quiet title action.
- Drafting a Quiet Title Complaint or Petition. This is the main legal document used to pursue a quiet title lawsuit in court. Your attorney will also draft related documents such as a court summons.
- File and Serve the Quiet Title Lawsuit. The lawsuit must be properly filed and served on every party involved. This can be a complex process, especially if someone with a claim to the real estate resides outside of Indiana.
- Obtaining Final Judgment. Depending on the circumstances, this process can be either simple or complex. If you’re addressing a technical title defect with no genuine ownership dispute, the quiet title action will usually be uncontested and typically result in a default judgment. However, if there is an actual dispute over ownership of the property, then more involved litigation will most likely be required.
As with any legal action, it’s important to have an attorney on your side who knows the law, the courts, and the process. That’s why, if you’re dealing with title issues in Indiana, you should speak with an experienced Indiana real estate lawyer right away.
Contact Hocker Law, LLC today
To clear up any issues with property ownership, you need to work with an experienced attorney with a strong track record in quiet title actions. Attorney Janet Davis Hocker and her legal team are ready to help.
Contact us online or call us today to speak with a real estate attorney at Hocker Law, LLC.
"Janet completed a Quiet Title for us on property we acquired through a tax sale. It took a bit longer than we hoped, but it was a slow court, not the firm. They were efficient and stayed on top of it, doing their best to get it through in a timely manner. We will definitely use them again." — Client review, ⭐⭐⭐⭐⭐