My mother and father have passed away and we, the heirs, are trying to sell the property to settle the estate. My father paid cash for this house 18 years ago and evidently obtained a quit claim to the property. The research to the property is moving at a snail's pace as there have been several banks and mortgage companies that have have passed the paper work from one to the other.

Is quiet title the correct way to proceed in this case? Will a bank accept a quiet title as marketable for financing purposes?

LisaB4657

Why do you feel that you need to file an action to quiet title? Have you dealt directly with a title insurance company yet? If not, contact a title company and have them perform a title search of the property. If they find it to be marketable and insurable then you should have no trouble selling or financing the property.

If they find that it is not marketable and insurable then you would need to have an attorney review the title to determine if a quiet title action would succeed. If the attorney feels that the quiet title action would be successful then go for it. Once it is resolved in your favor the title would be marketable and insurable by law and you should have no problems selling or financing.

Fr_Chuck

A quiet title is to do away with any claim that is made against the property, do you have someone making such a claim ??
And a quit claim deed is a legal and proper methoid of buying a house, I don't know a percentage but would guess over 1/2 are sold that way.

And who do you have doing the research, perhaps this company is "milking" the hours of billing on you. It is very simple they go though all of the documents, does not matter how many mortage companies, all the paper work should be right in the deed file. The loan or lien and then a payoff, all recoreded, this is noted, also noted is no other sales or liens showing active.

If after you do a complete title seaerch, and you find someone that appears to have a claim, you do a motion to quiet title. But the title search itself is what proves if there is any claim to the title, how would you know who had the claims without the searh.

You need to talk to the company or attorney doing the search,

Or of course you can also merely offer it for sale and sell it on a quit claim deed yourself and if the buyer wants to do or have the title searches done they are then free to do so.

I wish the sellers would do these for me, would save me 1000's a year, but normally I have to do them on the property I am buying.

Have you sat down with a real estate attorney and discussed this ???