An action to quiet title is a legal proceeding instituted for the purpose of resolving claims over title to real estate. Typically, an action to quiet title is brought when there is either a dispute or question as to the legal rights of a party as it pertains to an interest in real estate. When legal title to real property is unclear, there is said to be a “cloud on the title”. This sometimes necessitates a court to make a final determination as to what parties own what interest in the real estate and what parties do not. Thus, a court in making this determination “quiets” all challenges and claims to the title.
There are many reasons why a quiet title action might be filed. Some include extinguishing invalid or outdated mortgages, clearing up various title defects, resolving legitimate ownership disputes, or voiding a fraudulent deed conveyance. From a practical standpoint, if there is a “cloud on the title” and the matter is not resolved through an action to “quiet title”, a prospective buyer of the real estate may not be able to procure title insurance and the property would be very difficult to resell. If you need assistance with filing or defending an action to “quiet title”, contact the Law Office of Joseph M. Adams at 215-996-9977.