On behalf of insured owners and lenders the attorneys of Hein Schneider & Bond P.C. frequently file actions to quiet title and for declaratory judgment requesting the court to declare the respective rights of parties in and to the real property.
An action to quiet title may be used where there are competing or adverse claims of ownership, gaps in the chain of title, or where a party seeks the determination of priority of competing liens or encumbrances. The court must then determine the better title as between the named parties to the proceeding. Each party has the burden to demonstrate the strength of his or her own claim as against the other named parties, but not superior title to the entire world. Actions to quiet title may also be used to clear a “cloud on title”.
These actions are filed to declare that an interest or lien which appears in the public record is not valid or does not affect the property, so that a sale may proceed and marketable title will thereafter be transferred.
Hein Schneider & Bond P.C.
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