Quiet Title Attorneys
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Quiet Title Attorneys Serving Michigan
Unless you are deeply involved in real estate, you may never have heard about aquiet 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 a legal procedure to establish a right to ownership to real real property, or establish other property interests, against one or more adverse claimants. A quiet title action also is called a suit to remove a cloud on title. A cloud on title is any claim or potential claim that is contrary to ownership of a property or other property rights. MCL 600.3902 creates a statutory cause of action to file a quiet title action and provides as follows:
600.2932 Quieting title; interest of plaintiff; action by mortgagee; establishment of title; tenancy in common; actions.
- Any person, whether he is in possession of the land in question or not, who claims any right in, title to, equitable title to, interest in, or right to possession of land, may bring an action in the circuit courts against any other person who claims or might claim any interest inconsistent with the interest claimed by the plaintiff, whether the defendant is in possession of the land or not.
- No action may be maintained under subsection (1) by a mortgagee, his assigns, or representatives for recovery of the mortgaged premises, until the title to the mortgaged premises has become absolute, or by a person for the recovery of possession of premises, which were sold on land contracted, to whom relief is available under subdivision (1) of section 5634.
- If the plaintiff established his title to the lands, the defendant shall be ordered to release to the plaintiff all claims thereto. In an appropriate case the court may issue a writ of possession or restitution to the sheriff or other proper officer of any county in this state in which the premises recovered are situated.
- Any tenant or tenants in common who recovers any undivided interest in lands in an action under subsection (1) against a person or persons who may be in possession thereof, but who does not show in the trial of such action that he or they have any interest therein or title thereto, may take possession of the entire premises subject to all of the rights and interest of the other tenant or tenants in common therein.
- Actions under this section are equitable in nature.
How Do You File a Quiet Title Action in Michigan?
Quiet title actions are equitable actions decided by circuit court judges in Michigan. 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. However, it is important to note that if your goal is to remove people living on the property you must file a separate eviction proceeding.
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 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 against 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 Michigan Real Estate Attorney
Quiet title actions can be difficult to understand but having an experienced lawyer can help. At Hirzel Law, PLC, our Michigan 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.
Contact Hirzel Law online or call 248-986-2921 (Farmington) or 231-486-5600 (Traverse City) or 616-319-9964 (Grand Rapids office) to see how our Michigan attorneys can help with quiet title claims regarding your Michigan property.