Quieting title quiets all the ghosts that “haunt” a property’s title. It is a lawsuit that results in a court order saying nobody else has any claims or redemption rights regarding a particular property. You do not receive a warranty deed from the court, because you already own the property. But, the result is basically the same thing as if you had received a warranty deed.
After such an order you can get title insurance. That means you can borrow money against the property, and you can sell it for full market value. You no longer have any worries about doing whatever you want on the property. No matter what marketing you might have seen, you cannot get title insurance in Alabama on a tax sale property unless you have a quiet title order OR quitclaim deeds from everyone that might have any rights. You can, in other states. Not Alabama.
There are three ways to quiet title through the courts. Two of them are pretty quick, easy and cheap. They are simple enough for Do-It-Yourself, without an attorney. The third way is a little bit trickier, and I usually recommend people hire a lawyer for that one.
Quitclaim deeds are easy to prepare. Sometimes you need to hire a skip trace to find people. I usually offer to pay someone for their time meeting me to sign the deed, “up to $200.” That lets me dangle money in front of them, but it does not make it seem like they are doing any important or valuable. If they thought that, they might want more money. I just act like it’s a very routine paperwork thing the lawyers are making me do. “No big deal.”
If you would like to learn how to quiet title, try to take one of our classes on that subject. Currently, there is one scheduled in Birmingham on Saturday, January 25, 2020 from 8:30 am to Noon at the Marriott Courtyard, 4300 Colonnade Parkway. Come with information about a property you would like to quiet title on. For the two easier methods of quieting title, we’ll walk through all of the steps and forms right in class! Come prepared with information about one of your properties, if you would like to use it in class as an example.
I also tell you what you need to know about the 3rd kind of quiet title, and provide some forms. We won’t provide a step-by-step for that one, though, because I really strongly encourage getting a lawyer. But, if you are up for it, you’ll receive all the information you need. We will also spend a little bit of time going over quitclaim deeds, with those forms.
Click HERE for more information about the class, reviews, schedule, and registration link.