Oftentimes the meaning of a “Quiet Title Action” is unclear. The term is used frequently when there’s a defect or dispute in the ownership or title of a property. A conflict of ownership can occur when multiple parties have an interest or claim in the title.
Sometimes referred to as “clouds”, these claims must be discharged from the title in order for a property to be considered a “marketable title” (clear from outside defects and claims).
When Would Filing a Quiet Title Action in Chicago Be Necessary?
If you consider yourself the owner of a piece of land, eliminating any claims someone else may have on your land is vital. Filing a Quiet Title Action will involve having a hearing before the Master of Equity to resolve ownership of the land.
After filing for a Quiet Title Action, anyone who has a claim on the property has to defend such claims by attending the hearing and presenting their arguments. The commonly mistaken phrase “quiet title” uses quiet as a verb and not an adjective describing the title.
You’re quelling additional claims someone else places on the asset itself.
What Will Quieting a Title Achieve?
The accused parties in a quiet title lawsuit can be either unknown or known. If the claimant is unknown, publishing an open notice of the case in the local press is enough to move ahead with the lawsuit. Known defendants are entities or individuals that have an interest, possession or claim of the property.
The action will ideally be uncontested and you can obtain a quitclaim deed, stating that the other party’s claim is abdicated. If this is the case, you can then record your claim in the real county reports to fix your ownership of the property into place.
With contested actions, however, a trial would then be held to settle which ownership claim is the strongest.
If you fall on either side of an ownership conflict in the Chicago metropolitan area, the Law Office of Andrew Szocka is on your side. We recognize how confusing title law can be and that striving to “go it alone” gets overwhelming. Call us today to schedule a consultation — we’ll do everything in our power to mitigate your stress and deliver the best possible results.
***This is not intended to be legal advice and you should consult with an attorney.