QUIET TITLE ACTIONS  

   We Successfully Resolve Actions
 To Quiet Title in Michigan
 

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 A Word About 
Quiet Title Actions in Michigan

MATTERS.

Soble Discusses The Race Notice Statutes Used to Protect A Property Owner's Legal  Interests.

QUIET TITLE ACTIONS IN MICHIGAN

An action to quiet title is a court procedure required to obtain an order from the court confirming that a party has a right to their real estate, free and clear from all other challenges or claims to title. Essentially the legal action 'quiet's" property title disputes. 

Quiet title actions are very common after a Michigan property tax sale or auction. They're used to negate any procedural issues about the tax sale, ensuring that the county clerk were done in accordance with Michigan statutes. When property is sold at a tax deed sale, the effect is to eliminate any claim that the prior owner or mortgage holder or lien holder may have to the title. When a successful bidder at a tax deed sale obtains the deed to the property, it should be free and clear of any other liens or encumbrances, except for certain excluded liens for municipalities, etc. Unfortunately, the buyer of the tax deed property does not have “marketable title” unless a quiet title action is performed.     

Why is a Quiet Title action important?

The buyer of a tax deed property cannot obtain title insurance bought at a tax deed sale until a complaint to quiet title action is filed and an court order is issued. Without title insurance, it is difficult to sell or finance the tax deed property. In a standard Michigan real estate transaction, the buyer will insist upon title insurance in order to insure the title to the property for the amount of the purchase price. Likewise, if a successful bidder of a tax deed property wants to refinance the property, a lender institution will require title insurance to insure title for the mortgage. 

Facts about Michigan Quiet Title Actions

An action to quiet title is a court procedure  required to  obtain an order from the  court  confirming  that a party has a right to their real estate,  free and clear  from all other challenges or claims to title.  Essentially the  legal action 'quiet's" property title disputes. 

Quiet title actions are very common after a property tax sale or auction. They're used to  negate any procedural  issues about the tax sale, ensuring that the county clerk were done in accordance with Michigan statutes.  When property is sold at a tax deed sale, the effect is to eliminate any claim that the prior owner or mortgage holder or lien holder may have to the title. When a successful bidder at a tax deed sale obtains the deed to the property, it should be free and clear of any other liens or encumbrances, except for certain excluded liens for municipalities, etc. Unfortunately, the buyer of the tax deed property does not have “marketable title” unless a quiet title action is performed.     

Why is a Quiet Title action important?

The buyer of a tax deed property cannot obtain title insurance bought at a tax deed sale until a complaint to quiet title action is filed and an court order is issued.   Without title insurance, it is difficult to sell or finance the tax deed property. In a standard Michigan real estate transaction, the buyer will insist upon title insurance in order to insure the title to the property for the amount of the purchase price. Likewise, if a successful bidder of a tax deed property wants to refinance the property, a lender institution will require title insurance to insure title for the mortgage.

How long does a Quiet Title action take?

Before an action is filed, a real estate title search is performed. Once all of the defendants are identified and have been served with the action, they each have 21 days to file a response from the date they are served. If no responses are served, they will be defaulted and a Motion for a Default Judgment is brought before a judge. When all of the defendants are easily located, the average time to resolve an action is estimated at 60 days from date of filing to entry of the final judgment. This is also true when the matter is uncontested.    

A quiet title action becomes more time consuming when the location of all of the defendants to be served cannot be located. In that case they must be served through publication in a newspaper of general circulation for 4 consecutive weeks, which adds 1 month of time and an additional third party publication fee.

Do I have to complete the Quiet Title action before selling or refinancing the property?

More often than not, an action needs to be filed. If all parties can be located, and the attorney can coordinate lien discharges or releases from all of the defendants, then it will resolve the matter much faster. 

 What do I typically need to pursue to an action to quiet title?

To address a quiet title problem, we need a copy of the tax sale deed along with the property address, name and contact information for the buyer. We also require a complete title search. (We order the search for you upon being engaged by you.) Finally, any and all other documents that you believe are helpful for the file. 

Is my attendance at court necessary? 

Generally, no. With few exceptions, our clients do not need to appear at any hearings.

To learn more about tax sales and quiet title actions in general, feel free to give David a call at 888.789.1715.

Why Clients Choose To Work With David Soble  To  Quiet Their Title.

Former Big Bank "Insider" 

Since 1990, David has protected the legal and business  interests of large national lenders, investors, property owners, and real estate firms.  He knows the "business" of real estate like few others. 

Over 25+ Years of Experience

David doesn't just "talk the talk."  He "walks the talk" having years of practical experience resolving complex real estate issues.  
A large part of resolving issues is knowing where and who to go to. Over the years, David has cultivated an extensive and effective  network of real estate and lending colleagues - that get results.

Peer and Client Rated

David has earned some of the highest peer ratings from the most reputable professional  legal rating services in the industry. More importantly, the accolades come in every month from happy clients  (and happy clients matter most!) 

Affordable & Responsive

David has a solid reputation for no-nonsense problem solving and for offering innovative and effective  legal and business solutions that reduce one's financial risks and legal exposure. In short, David saves his clients money and heart ache.  

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