Quiet Title – A lay man’s perspective on ‘property’
Uploaded on Nov 16, 2010
Quiet Title – If one person claims to be the owner of an interest in property, and another person claims to be the owner of an interest in the same property, and the two claims conflict, either may sue the other for a judgment resolving that conflict. The judgment will declare who owns what interest and may give other specific or preventive relief to the extent required under the circumstances.
The action is called an action to quiet title because the effect of the judgment is to quiet adverse claimants to the rightful owner’s title (claim of ownership).
The action is, in effect, a foreclosure action not unlike that which a secured lender might bring to collect the debt by foreclosing the borrower’s interest in the security (property).
Thorough research is required. Some things may or may not be appropriate in bringing an action to quiet title. E.g. if the claimant lacks record title, a quiet title is considered inappropriate; sometimes there may be preliminary steps required before it can be brought, such as rescission.
Angelo Trotter, in continual education of self, shares his research of coin, credit and circulation and how it relates to the current real property crisis from a lay man’s perspective.