If you need an attorney experienced in quiet title cases, you have come to the right place. Contact our office to schedule a consultation. In this article, we will explain basic concepts about quiet title actions in Oklahoma.
What does quiet title mean in Oklahoma?
Let’s first define a few terms. Title simply means ownership. We are talking about ownership of real estate. The issue is whether one person owns all of it, or if there are other people who could possibly own a percentage of the property.
If you discover that someone else may claim ownership to your land, you must take legal action to declare yourself the true owner, and to invalidate those competing claims against you.
To quiet title to real estate is to silence all other claims of ownership. The goal is to have a judge declare you to be the true owner. The phrase “quiet title” refers to a Judge “quieting” another person’s claim against your title. Think of it this way: you received a deed when you purchased the property. You, therefore, claim ownership of the property.
But what if another person – a total stranger – also claims ownership? Or, more likely, what if another person could claim ownership to your property? Think this is far fetched… it’s actually not. There are many situations where this could happen.
When you do discover that your title has “clouds” on it, you must take action to remove those clouds on your title.
Why would someone need to file a quiet title action in Oklahoma?
The purpose of filing a quiet title action is to fix your property’s title problems. Usually, it is when you are either buying or selling a property. This issue usually comes up when the buyer is seeking a loan from a bank. Banks will not loan money for properties that have title issues. Title companies will also require clear title before issuing a title commitment, which is a form of title insurance that is usually required by banks.
You may be wondering how do these titles get these issues to begin with. There are many ways a title can be defective. Here are a few examples.
One example could be a husband and wife who owned property that was not titled in joint tenancy. Therefore, when the husband died, the wife did not inherit all of his interest but only half. The other half legally passed to his children. The wife then sells the property off-market to a another person for cash. You go to buy that same property but you want a loan. The bank checks the title and finds that the heirs of the deceased children have claims. The only way to solve this property is to file a quiet title lawsuit and have a judge declare the true owner.
Another example arises when a married person signs a deed but the spouse doesn’t sign. The spouse has a theoretical claim against the buyer.
Then you have cases where there are liens and other instruments filed in the records that attach to the real estate. The only way to get this liens off the property is to have a judge declare them to be void. The way to get that outcome is to file a quiet title action.
Is there a statute of limitations for a quiet title action in Oklahoma?
Generally speaking, you can file an action to quiet title at any time. While there is a statute of limitations in real property that last 15 years, that doesn’t always apply. Often, it is after 15 years that person may contest ownership. In adverse possession cases, the claim rests on a few points. First, the true owner didn’t assert their rights. Then, 15 years have passed. Because of this, you should be awarded ownership.
It’s very common to file a quiet title action decades after the title defect occurred. That is the entire purpose of quiet title actions; the fix mistakes in the record that occurred a long time ago.
Hire an experienced Oklahoma City Quiet Title Lawyer
If you have a property in Oklahoma County, contact our office to get started on quieting your title. If you have a property outside of Oklahoma County, then contact our office to schedule a consultation. We have completed quiet title actions in many counties throughout the state of Oklahoma. We have performed work for real estate investors, wholesalers, house flippers, realtors, and families of deceased land owners. We are very experienced and we can help you, too.