When you’re starting or growing a Tennessee real estate portfolio—or even just buying your own home—a title with legal issues baked in could end your pursuit in its tracks. Of course, that is without the help of a Tennessee real estate attorney who understands how to handle these issues through a Quiet Title Action.
When you’re starting or growing a Tennessee real estate portfolio—or even just buying your own home—a title with legal issues baked in could end your pursuit in its tracks. Of course, that is without the help of a Tennessee real estate attorney who understands how to handle these issues through a Quiet Title Action.
These actions play a crucial role in resolving disputes over property ownership and any title defects that may be holding up the property. Whether you’re a seasoned real estate professional or a newcomer to the field, understanding what a Quiet Title Action is and how it might impact you is essential.
What is a Quiet Title Action?
A Quiet Title Action is a legal process used to resolve disputes or uncertainties related to a property’s title. Essentially, it "quiets" any challenges or claims against the ownership of a property. This type of action can be initiated for various reasons, such as disputes over property boundaries, conflicting claims of ownership, or simply to clarify ownership when selling a property or after the death of an owner.
Filing a Quiet Title Action in Tennessee
In Tennessee, filing a Quiet Title Action involves initiating a lawsuit in the appropriate court. This action can be taken by anyone with a vested interest in the property. For example, the current property owner might file to safeguard their ownership and protect against future claims. Alternatively, another party, such as a neighbor disputing property boundaries or a financial institution asserting rights due to unpaid debts, might initiate the process.
Mortgage lenders frequently have a stake in Quiet Title Actions, particularly when unresolved mortgages cause title disputes. Sometimes, a mortgage may be fully paid off, but if the proper steps aren't taken to officially close it, disputes can arise. In such cases, a Quiet Title Action can help clear up any confusion and solidify the property's title. However, if there are outstanding debts or unresolved financial issues, the process can become more complex and take longer to resolve.
Protecting Property Ownership Through Effective Counsel
The court's role in a Quiet Title Action is to thoroughly investigate the claims against the title, ensure that all mortgages and liens are settled, and formally update public property records with the court's ruling. This legal process can be costly, with court fees running into the hundreds and potential expenses climbing higher if the case is contested.
Having experienced legal representation is vital when navigating a Quiet Title Action. At Arnold, Willis & Conway, our team understands Tennessee real estate law and is prepared to help you protect your property rights. Contact us today to ensure your property’s title is secure and free from disputes.