Can I Clear the Title on Someone Else's Property?
Clear title, as defined by West's Encyclopedia of American Law, Edition 2 is "unencumbered or unrestricted legal ownership that is free from doubt as to its validity." Lenders will not finance property, nor will title insurance companies insure property, that does not have clear title, also known as "marketable title." While you can technically own property that has liens and encumbrances against it, you cannot sell or finance your property until title issues have been resolved, since most buyers are not willing to accept the property with unclear ownership.
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Liens and Judgments
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Title insurance companies and/or attorneys search public records to determine if a property has any liens or encumbrances against it. Some examples of liens include unpaid taxes, money judgments filed in the public records, federal tax liens, unpaid assessments or unpaid mortgages. Errors in documents filed such as improperly recorded satisfactions or poorly prepared deeds can create "clouds" on the title, which need to be addressed before the title can be deemed "clear." The owner is responsible for paying off liens that are attached to his property; however, anyone can pay them and request a release. To be certain that title is cleared, the releases and/or satisfactions must be filed in the public records.
Errors in Deeds
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Errors in documents such as deeds normally require the execution of a new deed; however, in some cases, a simple affidavit can repair the issue. In cases where a transaction was obviously insured (an insured deed will normally have the name of the individual and/or company that prepared it printed on the face), an affidavit signed by the title insurance company or attorney who insured it and recorded in the public records can remove a cloud or encumbrance on the property. Any individual can request an affidavit; however, title companies and attorneys will normally issue affidavits to other title insurers only.
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Court Authorization
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Corrections that require the owner's signature cannot be resolved by anyone other than the owner, unless a court authorizes a petitioner to sign on the owner's behalf. This is normally done when the owner is a minor (heir), is deceased (through probate) or is deemed incompetent to attend to his own affairs.
Quiet Title Suit
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A quiet title suit can resolve title defects such as mechanics liens or judgments, as well as constructive trust and adverse possession claims. For example, if a search of the records reveals prior owners and/or their heirs who may have an interest in the property, and it is not possible to obtain a release from them, a quiet title suit gives them the opportunity to present their case before a judge. If they do not respond, the judge can then issue a "certificate of title" which clears up any title issues. The owner of the property is the one with an interest, therefore he must bring the suit to court; however, if the court allows, you may act on his behalf.
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References
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