What is silent title action?
A discreet title action, also known as a discreet title action, is a circuit legal action – or legal action – that is filed for the purpose of establishing or settling the Title to a property. Silent title actions are especially prevalent in cases where there is a disagreement over the title and the lawsuit is intended to suppress, or “settle”, a claim or objection to a title.
Key points to remember
- A quiet title action is a legal action that seeks to clarify the ownership of a given property.
- Silent title actions are generally used in cases where title ownership is in question.
- The beneficiary of a discreet title claim is often protected by attempts by outside entities to acquire the property in question.
- Discrete title actions are common as a result of disputes with mortgage lenders, deaths of title owners, adverse possession and long periods of property vacancy.
- Discreet title action may not give the new owner the same level of protection from the previous owner.
Click Read in what title silent is
Understand a silent title action
Quiet title action occurs when a property seeker challenges one or more other people in court for the purpose of determining who is the rightful legal owner of the property in question. It aims to appease conflicting claims to ownership by removing any ambiguity in title, thereby clarifying the issue of legal ownership.
After the calm headline action, the applicant will be in full possession of the property in perpetuity, as will the heirs, and they will also be protected against any other property claims made against the property by other outside entities.
A silent title action is often a long process, sometimes taking up to 8-10 weeks.
Silent title Action Uses
- To clarify the claims on the ownership of real estate—Or other property which is titled — following the death of the owner, particularly in situations where it is questionable whether all the heirs have been notified of the sale of the property domain.
- To resolve issues with a mortgage lender whose interest in the property was not properly addressed after the loan was paid off.
- To clear title to a property that has been unoccupied for some time, allowing third parties to make offers for its purchase.
- The transfer of an interest in the property through a waiver deed, in which the previous owner declines all interest, but does not promise that the title is clear.
- Transfer a title deed in the case of adverse possession, in which a party occupies property that does not legally belong to it for the purpose of claiming it.
Other reasons for a quiet title action include resolving tax issues with a property; border disputes between private parties, nations, states or municipalities; surveying errors; fraudulent transfer of the property by coercion or falsification act; disputes relating to treaties between nations; or competing claims by privilege holders, recuperators, missing heirs or remainders.
Silent title action does not give the new owner the same level of protection from the previous owner in most cases. If there are any issues with the property, the new owner cannot sue the previous owner, unless they acquired the property through deed of guarantee and prosecuted for defects during the issuance of the guarantee document.
Additionally, silent title actions don’t always resolve all issues with a title. In some jurisdictions, they can only be used to clarify specific claims or title flaws.