Title Litigation
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Title Claims Litigation
Facing Title Litigation can be daunting. Having a skilled business and estate law firm at your disposal helps. Contact Perigon Legal Services for information.
Author: Stan Faulkner, Founder, Perigon Legal Services, LLC
Mr. Faulkner is an experienced counselor and litigator with 15 years of experience, having held bar licenses in four states (Mo, Il, Ct and Ga). Stan Faulkner uses this experience and focuses his skills in the pursuit of assisting individuals in probate (trust and estate) matters, guardianships and conservatorships, estate planning, business disputes and contract disputes. Published on March 15, 2023.
Title claim litigation arises upon title disputes. In property law, a title is a document incorporating a bundle of rights in a property in which a party may own either a legal or equitable interest. Title disputes are common whenever someone else claims to have legal ownership rights to your property or real estate.
Title disputes occur whenever there is disagreement over property ownership. Therefore, title claims litigation in Georgia requires a well-versed real estate attorney. For property title disputes, consider hiring an experienced real estate dispute attorney, who is well-versed in land title issues.
Getting a quiet title or filing a similar lawsuit in a court of equity is the only way to resolve title litigation claims and issues. Title litigation lawyers can help you pursue quiet title actions to establish the property’s actual legal ownership.
Common Causes of Title Litigation
Title litigation arises as a result of the following:
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Actual ownership dispute: Disputes over property ownership may occur when two different parties are claiming ownership of the same property. Quiet title actions can resolve such disputes.
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Technical title defect: In this case, there is no attempt to question the owner’s ownership. However, conveyance issues and title records need to be corrected, making the property difficult to sell. A quiet title can correct such title irregularities.
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Fraudulent deeds: A fraudulent deed, mortgage, or other lien is recorded against a property without the owner’s knowledge or approval. Often, buyers don’t realize the seller has no right to transfer the title to them when they sign the deed. Obtaining a quitclaim deed is the key to resolving a fraudulent transfer.
What Is a Quiet Title Claim?
In a quiet title action or action of quiet title, a circuit court action is filed to establish or settle the title to a property.
In cases where there is a disagreement over the title, quiet title actions are filed to remove or “quiet” a claim or objection. The result is a clear title.
Quiet titles usually fix the chain of titles. As a result, a quiet lawsuit usually seeks to clarify the ownership of the property in question, fix title defects, or resolve an ownership dispute. The outcome of a quiet lawsuit is typically a court order clarifying or confirming the owner.
In the chain of title, each time a property is transferred from one person to another, a new link is added. A quiet title lawsuit arises when there is a dispute in the chain of title caused by a problem with the conveyancing process.
New links must follow strict guidelines to ensure the real owner is identified in a public record examination. This prevents any illegal claims on the property.
In addition, the ownership of a property must be certain. This prevents buyers from refusing to make a purchase because they are uncertain about the ownership.
A well-informed real estate litigation attorney is necessary for title claims litigation in Georgia. If you are involved in a dispute over the title to your property, contact Perigon Legal Services immediately.
How Do I Transfer a House Title
Georgia law accepts two legal instruments when real property is transferred from one party to another without exchanging money. A Warranty Deed or a Quit Claim Deed can be used to transfer ownership. The following actions need to be taken:
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Name the current owner and the new owner.
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Include the property description.
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Feature the current owner’s signature.
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Indicate two witnesses: An unofficial witness and a notary public.
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Complete a P1-61 transfer tax form.
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Record the title in county real estate records.
A quit claim deed is used whenever transferring property without a warranty, especially between family members. The transfer releases interests that the new owner may have without guaranteeing the title. New owners can purchase title insurance to protect the ownership rights of a quit claim deed.
On the other hand, a warranty deed is a legal instrument used to transfer property with a warranty. A warranty deed guarantees that the seller holds a clear title to the property, that there are no liens or mortgages outstanding, and that there will be no claims in the future.
There are two types of warranty deeds: general warranty deeds, which guarantee the title and history of the title, and limited warranty deeds, which guarantee the title only during ownership. A limited warranty deed is the most common form of title transfer. Due to the complexity of transfers, it’s imperative to consult real estate attorneys.
Title Insurance
Title insurance acts as indemnity insurance to protect lenders and home buyers. A title insurance policy protects lenders and homebuyers from financial losses due to property title defects. Most buyers purchase lender’s title insurance to protect their lenders.
Title insurance companies have this title insurance coverage:
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Ownership by another person
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Incorrect records
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Outstanding lawsuits on property
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Wrong signatures on a deed
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Restrictive covenants
Additionally, you will be responsible for any back taxes on the property you wish to purchase without title insurance. You’re either going to have to pay your outstanding property taxes or lose your home.
How Long Does a Title Litigation Take?
Title litigation can take a long time, depending on the scenario and type of litigation involved. Undisputed title litigation can take one to three months. However, complex title litigation can stretch for more than a year.
How Can a Perigon Legal Services Attorney Help in a Litigation Case
A real estate lawyer can help you resolve your real estate matters smoothly and on favorable terms. Whether you need assistance with your property transfer or representation in court during title litigation, we can help. The main sectors we help with are:
- Boundary disputes
- Property claims
- Buy-sell agreement
- Easement disputes
- Partition actions
Talk to an attorney at Perigon Legal Services if you have any questions about title litigation, title insurance claims, and conveyancing. You can call us or visit our office at 6400 Powers Ferry Road N.W., Suite 386, Atlanta, Georgia 30339. Contact us today to schedule a free consultation.
Frequently Asked Questions
What Is the Penalty for Not Transferring Title Within 30 Days?
Failure to transfer your title in 30 days usually leads to an automated penalty of $25 and another $25 for every month the title is not transferred.
How Do I Correct a Title Mistake?
The first thing is to confirm if the defect is harmless or fatal to the title transfer. Next, decide on the appropriate tool for the defect, draft the correct title deed, get the original grantor’s signature, and finally re-execute the deed with the appropriate witnesses.
How Much Is a Title Transfer in Georgia?
A title transfer amounts to about $18. This includes all payments of all fees and taxes that are due. There is also an $18 title fee.
How Do I Remove a Bonded Title?
Removing a bonded title depends on the state you reside. You can remove the ‘bonded’ brand from your title between 3-5 years.
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