Illinois Quiet Title Attorneys
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Quiet Title Attorneys Serving Illinois
Unless you are deeply involved in real estate, you may never have heard about a quiet title action. A quiet title action can serve as a way to gain clear title to property or to otherwise have a court determine the parties respective interests in real property.
As property rights affect everyone, disputes can be particularly disruptive. The Hirzel Law attorneys are familiar with the contours of the law and can help landowners understand their legal options and to take the necessary steps to settle a disagreement. Attorneys are often the best chance at quickly and efficiently settling these kinds of disputes.
What is a Quiet Title?
A Quiet title action is an equitable proceeding in which a party seeks to remove a cloud on title to a property. Illinois courts have defined a “cloud on title” as “the semblance of title, either legal or equitable, appearing in some legal form but which is, in fact, unfounded or which it would be inequitable to enforce.”
Clouds on title can be in any number of things, including improper or fraudulent deeds, releases, liens, judgments and mortgages.
Unlike some other states, a quiet title action in Illinois is not based on statutory procedure. Generally speaking, the plaintiff must prove: (1) that it owns the property; (2) that it is in possession of the property; and (3) title superior to that of the defendant.
How Do You File a Quiet Title Action in Illinois?
Quiet title actions are equitable actions decided by circuit court judges in Illinois. The plaintiff must file a complaint to establish a superior interest above all other parties claiming an interest in the real property to be successful. A successful quiet title action results in an judgment establishing clear title in your name. Because quiet title actions are equitable, they are tried without a jury in Illinois and may be handled by a separate “chancery” division within the local circuit court.
However, it is important to note that if your goal is to remove people living on the property you must file a separate ejectment proceeding and quiet title will not be the appropriate remedy.
What Are the Common Reasons That a Quiet Title Action is Filed?
The purpose of a quiet title action is to establish title of the property, or determine other property interests, and determine who has a superior interest in real property. A quiet title action may also resolve other existing issues between the parties and the property, and the court has the discretion to hear other motions of any party and require a resolution. The most common reasons that a quiet title action is filed are as follows:
- Clearing title to property acquired from a mortgage foreclosure sale.
- Clearing title to property acquired from a tax foreclosure sale.
- Clearing title after a forged deed or other document is recorded.
- Clearing title when there is a break in the chain of title, i.e. that one of the prior deeds to the property was not properly recorded.
- Removal of an invalid or satisfied lien or mortgage against the property.
- Easement, survey and property line issues related to the property.
Should I Consult an Attorney if I Need Help with Quiet Title Issues?
If a title dispute arises, Hirzel Law real estate attorneys can help negotiate a resolution of the dispute prior to litigation or, if necessary, by filing a quiet title action and recording a notice of lis pendens with the appropriate register of deeds. A quiet title action can be used to establish the correct title to property against adverse claimants, and a successful action ensures that any other potential interest holders’ claims are forever barred. Whether addressing claims for superior title or adverse possession or negotiating a resolution to a potential dispute without having to litigate, Hirzel Law attorneys protect our clients’ interests in real property.
Obtain Legal Assistance with a Quiet Title Action from a Illinois Real Estate Attorney
Quiet title actions can be difficult to understand but having an experienced lawyer can help. At Hirzel Law, PLC, our Illinois quiet title lawyers can help you with any disputes that may arise. We stand by our clients, offering the highest quality legal representation and promptly responding to our clients’ needs.