A Missouri quiet title lawsuit, also called an action to quiet title or quiet title action, is most commonly used for clearing title issues, fixing defects in a title or confirming the ownership of real estate and personal property. A quiet title lawsuit is also required by most title companies after a property has been purchased at a delinquent tax sale, which is covered in part by Section 140.330 of the Missouri Revised Statutes.
Clearing Title Defects
The title defect, often called a “cloud on title,” is generally something or someone in the title history that results in the current owner holding less than perfect title, legally referred to as fee simple title. Corrections to the chain of title or clearing a title issue could be necessary because:
A document was not recorded in the Recorder of Deeds Office, but should have been.
A document was improperly recorded.
The recorded document itself contained errors.
If the only title issue is a recorded document containing an error, and that error is based on a mutual mistake, a reformation action may be the preferred lawsuit. Also, a quiet title lawsuit is not appropriate where the true and correct owners of a property do not agree on the use of the property or whether to sell the property. In that situation, a partition lawsuit is the preferred legal action.
Quiet Title Attorney
Section 527.150 of the Missouri Revised Statutes provides the statutory authority to file a quiet title suit. This process requires that the individual or entity filing the lawsuit file a petition with the circuit court of the county where the property is located. A lis pendens is then recorded in the recorder of deeds office to ensure that anyone looking at the chain of title knows a lawsuit has been filed concerning the title to this property.
In states other than Missouri, a quiet title lawsuit may be called a try title lawsuit, trespass to try title lawsuit or ejectment action.
Missouri Real Estate Attorney
From offices in St. Louis, TdD Attorneys at Law LLC represents clients in communities throughout Missouri. Contact attorney Ted Disabato at (314) 819-5713 to schedule an initial consultation with an experienced real estate lawyer today.
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