At Gibson & Mullennix, we handle numerous real property problems. One of the most common involves what is called Quieting Title. Typically, when a person purchases an investment property the receive a Quitclaim Deed. Quitclaim deeds do not guarantee the title as good and marketable, and there could be some defects on the title as the title is not warrantied. Other times, heirs may receive property through intestate succession or through the death of their relatives or family member without going through the probate process. Oftentimes, title companies view this title as having a cloud or having an issue.
However, there is a remedy to this situation. An owner of the property may file for a petition to quiet title. In said petition the Plaintiff will notice any known parties with an interest in the property, and any unknown parties through a summons by publication. Then, if no parties respond the Chancellor may grant the petition to quiet title and vesting ownership in the Petitioner. This allows for Court Order to back and protect your title and allows for title to be sold and title insurance to be placed on the property.
Please contact Gibson & Mullennix for all of questions about issues with title.