Owning property in Georgia is a dream for many, but title issues can turn that dream into a nightmare. If you’re facing a cloud on your title – a potential claim that could prevent you from selling or refinancing your property – a quiet title action can be the solution.
Marketable Title
Marketable title is a legal term that refers to a property title free from any claims or disputes that could reasonably be expected to affect its value or ownership. In essence, it’s a title that a prudent buyer would be willing to accept.
What is a Quiet Title Action?
A quiet title action is a lawsuit allowing you to clear up doubts about the property’s rightful owner. By filing a quiet title lawsuit, you’re asking the court to declare you the owner and “quiet” any challenges to your title.
Types of Quiet Title
There are two types in Georgia: (1) conventional and (2) against all the world. Conventional is used when you must cancel a particular deed that is clouding your title. Against all the world is used when unknown persons may own your property. An example of a conventional type is if someone filed a fraudulent deed against your property, while an example of an against the world type is if you find out the person who sold you your property did not have full title; if you can’t find that person, you must file a quiet title against all the world.
Why Would I Need a Quiet Title Action in Georgia?
You might need a quiet title action in Georgia for several reasons. Here are a few common ones:
- Heir Property: If you inherited property and there are questions about the validity of the will or the rights of other heirs, a quiet title action can help solidify your ownership.
- Boundary Disputes: Unsure exactly where your property line ends? A quiet title action can help establish the legal boundaries of your land.
- Tax Sales: A quiet title action is normally needed to clear the title following a tax sale.
- Errors in Public Records: Mistakes on deeds or other public records can create clouds on title. A quiet title action can correct these errors.
- Fraudulent Deeds: If someone fraudulently (or unintentionally) records a deed that shows up in your chain of title (the deeds that show you own the property, a quiet title is needed.
- Uncancelled Loans: If you use your property as collateral to get a loan (i.e., a mortgage), the lender places a security deed on your property. Once you pay off the loan, the lender is supposed to cancel the security deed. Sometimes, for various reasons, the lender fails to cancel the security deed. For example, if a lender goes out of business, there may be no one to cancel the security deed.
- Gaps in Ownership: When you sell your property, an attorney may call you to say that there is a gap in your ownership. For example if A sells to B and B sells to C, but you got your property from D, you have a title problem problem becuase you need a deed from C.
The Benefits of a Quiet Title Action in Georgia
A successful quiet title action provides several benefits:
- Peace of Mind: Knowing your title is clear lets you relax and enjoy your property.
- Increases Property Value: Properties with marketable title are more valuable than those with title issues.
- Marketability: Without a clear title, you will likely be unable to sell your property.
- Loan Approval: A clear title is essential for loan approval if you want to refinance your property.
The Quiet Title Process in Georgia
- Consult with a Real Estate Attorney: An experienced attorney can advise you on whether a quiet title action is right for you and guide you through the process.
- File a Lawsuit: The attorney will file a petition with the Superior Court in the county where the property is located.
- Serve Notice: The court will require that all potential claimants be served with the lawsuit.
- Special Master Appointment: In a quiet title against all the world, and sometimes in a conventional quiet title, the court will appoint a special master to investigate the claims and make recommendations.
- Court Hearing: The court or the special master will hold a hearing to determine property ownership.
- Judgment: The court will issue an order declaring the rightful owner. This order will then be filed on the county’s real estate records. Recording the court order gives you clear title.
Get Help With Your Quiet Title Action in Georgia
If you’re facing a cloud on your title in Georgia, don’t hesitate to seek help. We can advise you on your best course of action and ensure a smooth and successful quiet title process. Call us at 404-382-9994.