Things to Consider in a Quiet Title Action

Our law firm handles a wide variety of real estate matters; including Quiet Title litigation. What is a quiet title action? It is a civil action that is brought in order to resolve a dispute regarding title to a piece of property. This means that a quiet title action may be brought in the event of a dispute regarding who is the legal owner of a property.

It is also the type of action that will arise should there be a dispute as to whether a lien on a property exists and whether that lien is, in fact, valid. Resolving such disputes can help resolve any clouding of the property title. Clearing the title is a vital part of selling New York property and so quiet title actions are effective ways to clear any outstanding title issues prior to the sale of a property.

Clearing the title of a property is also important should you wish to refinance your home. Prior to the commencement of a quiet title action, however, there are a number of important things to consider.

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What You Should Consider in a Quiet Title Litigation

Among things to consider in a quiet title action, a good place to start is the title report. Having possession of the title report can be critical to understanding the conflict arising in regard to the title itself. The report will detail what claims on the title have already been legally recognized. You should have received a title report upon purchasing the property and may need to dig through your files to locate it.

You must also be prepared, as the plaintiff to a quiet title action, to verify the quiet title complaint you are bringing. To do so, you must declare that the factual allegations contained in the complaint are true. You must swear to this under penalty of perjury. As a plaintiff, you should also consider recording a lis pendens. A lis pendens acts as a lien on the property title. It puts everyone on notice that there is a pending action relating to the property and also acts as a kind of insurance that the property interest will remain the same after the quiet title judgment has been obtained as it was prior to the commencement of the quiet title action.

You should also consider the fact that this kind of civil action is equitable in nature. This means that quiet title actions are not about recovering monetary relief. Because they are equitable in nature, relief will come in the form of things like resolving liens and clearing titles as opposed to monetary compensation.

One last critical consideration regarding a quiet title action relates to the statute of limitations. Once you realize that there is an issue or potential issue regarding title to a property, do not delay in investigating the pertinent statute of limitations. There is no specific statute of limitations regarding quiet title actions and, instead, the statute of limitations will be dictated by the underlying theory of relief.

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For assistance with your quiet title action, or other litigation matters, you can count on the dedicated team at Woods Lonergan. Contact us today.

About the Author

James F. Woods is Founder and Managing Partner of Woods Lonergan. He has tried more than 60 jury cases to verdict as first-chair trial counsel, beginning his career as a prosecutor, and resolves complex commercial and real estate disputes valued at $1M to $100M+ for business owners, principals, and middle-market enterprises across the New York metro area. He appears regularly in the New York Commercial Division and in the federal district courts for the Southern and Eastern Districts of New York, and has argued appeals in the Appellate Division and the Second Circuit.

His practice covers complex commercial litigation, real estate and asset litigation, partnership and shareholder disputes, fiduciary breach and corporate fraud, and cooperative and condominium governance. He counsels corporate and cooperative boards throughout New York.

The Legal 500 United States ranks James in its New York Elite rankings for Commercial Disputes, and his peers have recognized him with Martindale-Hubbell's AV Preeminent rating. Woods Lonergan is ranked in Chambers USA: Spotlight New York for Litigation: General Commercial and Real Estate. James serves on the Commercial & Business Litigation Committee and the Business Torts & Unfair Competition Committee of the American Bar Association Section of Litigation, and on the Cooperative & Condominium Law Committee of the New York City Bar Association. His commentary on New York commercial and real estate disputes has been quoted in The New York Times, The Washington Post, Bloomberg Law, Law360, and Forbes.