Were you recently told by a title company that you cannot sell your house (or your land) because you have title issues? Or maybe you want to purchase a piece of real estate, but your bank told you they won’t approve the loan until the title issues are cleared up. What do you do?
You need a real estate lawyer to help you fix these title issues. Travis Charles Smith is a real estate attorney based in Oklahoma City, and he is available to fix your real estate title issues in Oklahoma County, as well as throughout the state. Book your consultation right now.
What is a Quiet Title action?
A quiet title action is a lawsuit you file against other people who previously owned the real estate that you now own. A quiet title lawsuit asks a judge to clarify the true owner of the real estate. The reason you file a quiet title lawsuit is to cancel any other name on the title and replace the previous owner’s name with your name.
The phase “quiet title” refers to a judge silencing any other person from claiming they own the real estate. These situations often arise when a the original owner of the property dies, leaving multiple heirs with legal claims. However, if no probate action was ever filed, then the claims remain unresolved for future purchasers to sort out.
Filing quiet title lawsuits is a routine legal service that we provide, that serves a common need in the real estate industry.
When do you need to file an action to quiet title in Oklahoma?
There are many scenarios where you may find that you need to go to court to get your name put on title. Here are a few examples:
- Your bank tells you they cannot approve your loan.
- The title company tells you that you cannot sell the property.
- You bought a property at a tax auction from the county treasurer.
- You bought a property at a foreclosure auction from the county sheriff.
Real estate investors who purchase properties at auctions will often use our office to clean up the title after they acquire it. But regular retail buyers, such as a newlywed couple buying their first home, may need a quiet title completed before they can close. This is because banks will not loan money on real estate that has unresolved claims of legal ownership. So if this newlywed couple is buying a home from someone who inherited it, it may need a quiet title action to clean up the title work.
Sometimes, you may be the seller, and you find out from the buyer that they cannot close without having title cleaned up by a lawyer. You may have never even known that there was an issue, but now you. This is not uncommon.
What is the process to quiet title to real estate in Oklahoma?
First, you must retain competent counsel. You should hire an attorney familiar with Oklahoma’s real estate laws and experienced in swiftly solving title issues.
When we are retained to handle a quiet title matter, we first schedule a consultation with the client. We need to know about their situation, and any deadlines they are up against, and why they need the title clarified.
We then gather all information about the context of the situation. How did they come into possession of the property. Who were the previous owners, and the relationship of the parties. We want to know all facts surrounding the property. We will then quote a retainer fee and enter into the engagement.
Next, we want to know who is asking that title be clarified; a bank, a title company, or someone else. We want to know their reason for the request. Then, we will obtain our own independent title report.
Once we know the parties involved, and the history of the title claims, we will file a our lawsuit in the county where the real estate is located. We are required to notify all interested parties, as well as publish notice in a local newspaper for several weeks. We will also schedule a hearing with a judge. Ultimately, we will obtain a court order that 1) places our client’s name on the title, 2) removes all other names from title and 3) prevents all others from claiming ownership.
Once we complete the process in court, we will record the court order with the county land records, registrar of deeds. This court order becomes the new deed for our client, and it is what gives them a right to sell or mortgage the property. We then will obtain a file-stamped copy for our clients. They can now prove they own the property.
Hire a real estate lawyer to fix your title problems
Travis Charles Smith has been involved in real estate law in Oklahoma since 2009. If you would like to schedule a consultation, send us an email here.