With the housing market in Ohio being as hot as it is homeowners may be eager to sell their properties as quick as possible and home buyers are lining up to purchase their dream home. Still there are certain steps in the real estate purchase process that should not be skipped. For example, it is important to do a title search and if necessary, pursue a quiet title action.
What is a quiet title action?
Sometimes a routine title search uncovers a claim that a third party has on the home being sold. This claim can be in the form of a tax lien, bank lien, boundary dispute with a neighbor or even from someone else claiming the property is theirs. A quiet title action is a lawsuit that settles these claims, so that the homeowner can legally sell their property.
What protections does a quiet title action provide?
Even if a homeowner prevails in their quiet title claim, the new owner may not have the same types of protection that the prior owner had. The new owner is barred from pursuing a lawsuit against the prior owner for problems with the property unless the property was obtained with a warranty deed and the new owner pursued a lawsuit for defects when they obtained the warranty deed. Moreover, quiet title actions cannot be used to settle all claims. Depending on state and local laws and regulations a quiet title action can only be used to settle certain types of title defects.
Learn more about quiet title actions
A quiet title action may be necessary if there is a cloud on the title of the property being sold. This post is for educational purposes only and does not contain legal advice. Our firm’s webpage on real estate may be of interest to buyers or sellers who want to learn more about their rights and options.