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I am so tired of dealing with attorney's out of state, speficially in Florida and it has cost me $1000's I would like to know from someone if I can do a quiet title action, pro-se and what it would take. It isn't very involved because my father's wife has recently passed away and there are no other heirs other than my father and he was actually on the original deed.
Thanks,
Judy:)
"quiet title action, pro-se"?? I, and others, might be able to assist more if you could explain the circumstances and exactly what the terminology means in layman's language. Thanks.Quote:
Originally Posted by puterjudi
Quiet Title is a method of taking advesr possession,
( basically changing the title ( deed) of the property form one person to another person without buying it but taking control though legal action
It is a means of involuntary transfer by operation of law.
This normally happens under squatters laws, or when someone has their driveway or shed on your property for years and you don't do anything about it.
A person may lose title to his own property if they do not use it, or go to it or inspect it for years and someone else takes possession of the land and uses it
Quiet title normally requires the claimant to take physcial poseesssion and the possession must be open, exclusive, hostile ( without permission of the listed owner) and uninterrupted for the number of years set by state law.
What you have here is the issue of actual title,
This persons father owned property ( and I will assume the father died)
At the fathers death who got ownership of the property, if the wife got ownership, then that ownership would go into probate and you would have to sue for ownership at probate against the heris of the fathers wife.
If the father recently died, or did not have a will at death, you can still sue under his probate for ownership.
If the father had a will, ownership would follow that.
Now, if the wife inherited it, and she did not title or deed it to her, she had a legal right, but if her hiers do not know of it, or ask for it, it is possible to attempt to claim ownership of his fathers deed to his name.
I don't think a quiet title is the right way to go, since probate court should have jurisdiction over this. And even if you went to court and got it, some heir could challenge this, even years from now, if not done property
As Chuck points out this seems to be more the jurisdiction of a probate court then a real estate issue.
What's not clear is whether your father has also passed away. If he is still living and was listed on the deed as a joint tenant, then he should be able to take the death certificate to the county clerk and have the deed transferred solely to his name.
Although Fr_Chuck's answer helped me understand what "quiet title action, pro-se" means, I will have to pass on giving any further answers, not something I often do, but I am not at all versed in real estate laws. From my point of view, I might suggest that not just contact any attorney but one that deals almost exclusively in real estate matters. I see no other way to resolve the issue, whatever the specifics, once and for all and without risking that one day, the issue, that you thought was resolved, comes back to haunt you.
Quiet title actions do not apply only to cases of adverse possession. A quiet title action is used any time there is a question regarding the quality of title to property. The quiet title action brings forward all claims to the property and then the court decides to whom the best claim belongs.
If there is any question about the true owner of the property then a quiet title action is applicable. In this case, however, the original poster may wish to speak with a title insurance company before moving forward with legal proceedings. The title company can search the title and give an opinion on who has the best claim to the property At that point the original poster can make a much more informed decision about proceeding.
It has been explained to me that in order to fix the title on a home my father owned with his deceased wife we need to file a quiet title action. She died but was trying to remove my now incompetent father's name off the dead so she could give the house to her (worthless) son. She died after we filed a quit claim putting my father back on the deed. Her attorney filed a notice of proported deed. The wife's son signed an affadavit resigning all rights to the home because we have worked out a deal among ourselves to split it evenly; we want to sell the home. Therefore we must now file a quiet title action. I have had enough of attorney's charging us for doing nothing at this point and because we are out of state they can.Quote:
Originally Posted by RichardBondMan
I appreciate everyone's answers, they all have merit and I applaude you all. Thank you.
This has already cost me over $5000 and it still isn't over. I think my best bet would be to go to a title company first and go from there. Any thoughts?
Definitions of QUIET TITLE ACTION on the Web:
* Action by a court to remove a cloud or claim that has been placed on title to property. Back to top -- View Real Estate Listings
* A legal action brought to eliminate any interest on a claim to property by others. The procedure used to perfect title when a quitclaim deed cannot be obtained from such others.
* A legal action to eliminate adverse claims on a property: to "quiet" the title.
www.easierhomeloans.com/glossary/glossary(q).htm
* An action to quiet title is brought in a court having jurisdiction over land disputes, and comprises a complaint that the ownership (title) of a parcel of land or other real property is defective in some fashion.. .
Since the father is still alive and his wife died, it would still seem a simple probate issue, depending on how the deed was titled.
If her name was on the deed , it can be listed several ways, only a few giving her family any claim to it.
I am still to assume this is being handled though probate court still ?
I will note that the information I got for quite title came directly out of the study manual for doing title work that is part of the state exam. While it appears courts are using it for other issue, it shows only limited usage under real estate law at least for my state.
And this is an issue, real estate law varies greatly from state to state.
There are various methods of deeds, or titles and ways of property transfer that vary greatly from state to state.
A title company can do a title search and determine as of right now who legally owns the property, they can right up a new title ( if this state uses a title company) in some states they have real estate attorneys that do this instead, they do the research and issue a paper often called a ruling on who they find owns the property and if there are any issues to the title.
It appears to me, if all parties have now agreed, you merely get a new title worked up showing this, and sell the house, the only issue the buyers will have is that they can get a clear title, if the other party is in agreement to the sale, then it should not be a issue any longer.
Quote:
Originally Posted by Fr_Chuck
Thank you very much for your reply. You gave it a lot of thought. I will contact a Florida title company today.
I am not aware or sure how one goes about through probate? There is no will of record and now no dispute on the property since my dad is still alive and the home is rightfully his.
I will however contact the Florida Bar for the 3rd time to file my 3rd complaint on this attorney who now has acted on her own behalf for a person that is deceased. Nobody is paying her or directing her to file anything? How can that be? If OJ can have another spot light on him then I suppose anything can happen.
Thank you again!
Lastly----my question about doing this pro-se has not been answered. Does anyone know how to either go through probate or file a quiet deed, pro-se? I am tired of paying attorneys so much money to get nothing back.
I wouldn't worry about the pro-se issue yet. First contact a title company and have them do a search on the property. Once they come back and tell you what needs to be done, then you can figure out if it's something you can do on your own or if you need an attorney to handle it. It's possible that the title company can handle it for you.
Pro-se just means that you are representing yourself. So, in effect, your question is redundant. You are asking how can I file the quiet deed by myself by myself.
One thing that has not been made clear is how your father is listed on the deed. This is actually very important. If he is listed as joint tenant with right of survivorship, then this matter should be simple. You go to the county clerk with a copy of the wife's death certificate and request a change in the deed.
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