If you have a “cloud” on your property title, that means that the property has some type of outstanding lien or unresolved issue that makes it possible for the property to be confiscated in place of payment. Some common types of clouds on titles are:
Many of these issues can go unnoticed for years, only coming up during a title search. Given that title searches typically only take place during the buying and selling process, clouds on titles often cause complications for property owners and prospective buyers.
Generally, yes. People looking to buy are generally weary of purchasing a property with a cloud on the title, given that this can invalidate the owner’s right of ownership over the property. There may also be laws, depending of the type of cloud, that prevent you from selling a home before the issue with the title is resolved.
Fortunately for property owners, many types of clouds on titles can be fixed through the use of a “quiet title action.” This is basically when a property owner presents the title to a court, who decide who must resolve the title. The information one would submit includes:
Be aware that a quiet title action is different than removing a cloud title, which may be necessary to completely void the record of the cloud on your title depending on the type of cloud it is. Consult with a real estate attorney in order to see if your title can be solved by quiet title action, or if it is necessary to seek cancellation. We invite you to contact our Glendale real estate attorney today at (310) 943-1171 for a free consultation.
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