At Gomez & Golomb, we regularly file quiet title actions. Whether you’re trying to get marketable title following a tax sale or trying to clear up a clouded title, the following is a quick overview of the requirement to file a quiet title in Georgia:
(1) The filing party must own/hold title.
(2) There must be a cloud against the filing party’s title.
(3) For conventional quiet titles, the action must be filed in the Superior Court in the county where the adverse party lives. OCGA § 23-3-40.
(4) For quiet titles against all the world, the action must be filed in the Superior Court in the county where the land is located. OCGA § 23-3-60.
(5) The quiet title must be verified (signed under oath) by the filing party.
(6) The quiet title must include a description of the property, a description of the filing party’s interest in the property, any adverse claims on the property, a plat of survey, and a lis pendens.
(7) In a quiet title against all the world, the petition must be submitted to a special master, who examines the title, determines the interested parties, ensures the interested parties are served, holds a hearing, and issues recommendations to the court.
(8) All adverse parties who are known and whose residences are ascertainable by the sheriff or his deputy must be served; the filing party must make a diligent effort to identify and serve the adverse parties.
(9) Service by publication is permitted when the adverse party resides out of the state or if the residence is unknown.
If you have any questions, please call us at 404-392-9994.