Indianapolis real estate title lawyer explains how the system works in Indiana
If you are planning to buy or sell a property in Indiana, you may want to consider a quiet title action before completing the real estate transaction. So what is a quiet title? What are the benefits of this legal process? And how does it exactly work in Indiana?
Our experienced Indianapolis real estate title attorneys at Hocker Law can help you every step of the way. We know what to do because we have been helping people deal with real estate issues in Indiana for years. That’s why we want to meet with you and help you better understand your legal options.
What is a quiet title action?
Quiet title action is a legal process to determine the rightful owner of a particular piece of property. If someone believes they are the rightful owner of a piece of property, they can file a quiet title action, which lets other parties know that they believe they have a claim of ownership of the property.
Often, someone files a quiet title action if two or more people or parties claim ownership of the same property. The name of the legal process comes from the person filing a quiet title action seeking to “quiet” debate about who rightfully owns the property.
In addition, a quiet title action serves as a lawsuit in a way since it legally lets other parties know that the person filing the quiet title action believes they have a rightful ownership claim for the property in question.
What are the benefits of a quiet title action?
There are many reasons why individuals decide to file a quiet title action, including:
- Settling disputes regarding who owns the property.
- Resolving leans against the property (that is, if there are taxes or debts owed on the property).
- Resolving boundary disputes.
- Resolving outstanding easement disputes.
- Clearing gaps in the title, especially if the property in question was unoccupied for a period of time.
In addition, if the property owner died, a quiet title action can clarify that all of the rightful heirs to the property have been legally notified of the sale of the property, which is especially important in cases involving an estate sale.
How the quiet title action process works
In order to decide whether you should file a quiet title action, you should talk to an experienced real estate title lawyer. They can help you with the legal process, which often involves:
- Obtaining a copy of the title from the official records office that applies to a particular party, usually the local county clerk’s office.
- If there are one or more parties who claim to own the same property, a real estate title lawyer can then file a quiet title action with the appropriate court.
- A judge in the appropriate court will then rule on the quiet title action.
- If the judge rules in favor of the quiet title action, the judge will issue a court order, which officially closes the case.
How long the legal process takes can vary widely, from 30 days to more than a year in some cases.
How an Indiana real estate title attorney can help
Filing a quiet title action can be a complex legal process. And if you make a mistake at any point in the process, your ownership of the property could be in jeopardy.
Our Indianapolis real estate title attorneys at Hocker Law thoroughly understand how the legal process works in Indiana. When you have our legal team on your side, you will give your legal case the best opportunity for success.
Learn more about your legal options. Contact us and schedule a free consultation with an experienced Indiana real estate attorney at our law firm. Call (877) 626-7725 or schedule an appointment online. We have three offices conveniently located in Indiana, including two offices in Indianapolis.