Can you go to court to fix issues with the title to a property?

| Apr 11, 2021 | Residential Real Estate Transactions |

The title to a piece of real estate is the actual ownership document. There are both physical papers that you sign and keep for your records as well as recorded documentation of those papers that stays with the county.

Keeping public records of title rights and real estate transactions helps eliminate fraud and protect individuals, as well as businesses, that want to invest in a property. Unfortunately, government title records could also make it harder to take important steps with a piece of property you own.

Whether you want to sell a piece of commercial real estate that you have held as an investment or refinance a residential property to make repairs and begin renting it out, a title issue could make the whole process much more complex. Can you go to court to correct an issue with the title to your property?

Owners can file a quiet title action if they have already addressed the issue

Perhaps the county still has an old deed on record because of a recording mistake. Maybe there is a lien against your property that you can prove that you paid.

If there is an issue with the title that is either erroneous or the results of inaccurate information, you can ask the court to correct the title to your property. A quiet title action involves an owner asking the courts to correct their title and a judge reviewing evidence. If they agree that the issue is either outdated or already corrected, they will remove the blemish, clearing the title and paving the way for you to finish your transaction.

Those dealing with title issues often need professional support to respond to the issue and protect their ownership interest in the property. An experienced attorney can help.