Quieting Title

A “quiet title” lawsuit is to “wipe clean” the title to real property. This type of action is filed when there is a serious title problem or “cloud” on the title which renders the title unmarketable (meaning you are unable to pass title or obtain a mortgage because of the cloud). The cloud may have been caused by fraud, forgery, by a mistake, or as the result of a good faith dispute over title. Title insurance will only cover these problems if they were in the public record at the time of closing, and they were somehow missed by the closing agent. Since a quiet title action seeks to deprive a party of its interest in the property, these cases are often strongly contested.