Title records for a property help establish who the lawful owner of a parcel is. A local county recorder’s office maintains records of who owns individual pieces of real estate and what, if any, encumbrances affect their rights.
Anytime a real estate transaction occurs, a review of title records for the property is necessary. In fact, title review typically even occurs when someone wants to refinance or take out a second mortgage. Occasionally, a transaction doesn’t proceed because there seem to be issues with the title record for the home.
Perhaps there is an old mechanics lien from when the owner had the roof replaced years ago. Maybe an owner other than the person currently residing at the property shows up on record. A number of different blemishes could create challenges for those trying to conduct a real estate transaction. In some cases, the most expeditious solution is to take the matter to civil court.
Judges can update incorrect title records
Under New York State statutes, those who question the validity of title records can file a request for a hearing in civil court. A judge can review records related to the property and the alleged blemish to determine if state title records are inaccurate.
Sometimes, one party fulfills their financial obligations, but the party that receives payment in full fails to release a lien against the property. Other times, issues with recording a deed might mean that a previous owner continues to show up on the title history for the property.
Quiet title proceedings give real estate owners an opportunity to remove title issues that could prevent a transaction. A judge can validate the claim that the owner paid a lien in full or that a deed should have removed an individual’s name from the property’s title. Successful quiet title proceedings give property owners an opportunity to correct issues before a transaction falls apart or they face other legal challenges.
Those concerned about inaccurate title records may need assistance preparing for court and presenting their case to a civil judge. Getting the right support when dealing with real estate litigation can help property owners improve their chances of a positive outcome. Quiet title proceedings can help eliminate title blemishes that could complicate an attempt to refinance or sell a home.