Real estate attorneys can help home buyers and homeowners in many ways. An attorney can review closing paperwork, help settle boundary disputes and handle many other real estate issues.
For those who currently own property, a lawyer can help resolve title defects that could affect refinancing efforts or an upcoming property sale. They can draft a deed if doing so could resolve the title issue effectively. A lawyer can also assist with the legal process necessary to resolve title blemishes in civil court.
Quiet title actions lead to record updates
Civil court judges don’t just enforce contracts and resolve disagreements between property owners. They can also help correct inaccurate and outdated property records.
County recorder’s offices maintain title records related to real property. Those title records include information about a property’s legal description, current and former owners, recorded liens and current easements.
All of those details influence ownership rights. Sometimes, the information available from the county is not accurate. A deceased former owner may still show up as a co-owner. A lien paid in full years ago may still be on record. In those situations, issues with title records can prevent title insurance companies from promptly issuing title policies.
That can impact the timeline for a refinancing transaction or derail a sale. During quiet title proceedings, attorneys present information about the property and any inaccurate records to the courts. The judge evaluates all of the documentation available to them. If they agree that there is a mistake in the official county records, they can order the correction of the county records.
Quiet title proceedings are one of several options for addressing title defects before or during real estate transactions. Discussing title concerns with a real estate attorney can help property owners protect their ownership interests accordingly.
