How to Resolve Property Title Problems

After you get your title report back, you should scan it from problems. There may be many problems, but the two most common are liens and boundary disputes. To help resolve these issues, you may have to file a lawsuit in court to “quiet title.” If you have questions about how to proceed, then contact an attorney or talk to your title insurance company.

Method 1

Method 1 of 3:

Releasing a Lien

1
Read your title report. Your title insurance company should send you a report on your property. They compile the report by scanning the records at the Recorder of Deeds office and finding anything that relates to your property. Go through the report and find any liens that have been placed on the property:^{[1]XResearch source}
- Mechanic’s liens. These are put on your property when someone does work on the property but isn’t paid. Mechanic’s liens typically expire after a year unless the contractor brings a lawsuit.
- Judgment liens. If you lost a lawsuit, then the person who won becomes a judgment creditor. He or she could put liens on your property.
- Tax liens. If you didn’t pay the IRS, or if you haven’t paid all of your property tax bill, then the government can put a lien on your property.
In order to get the lien removed, you need the person who put the lien on the property to release it.^{[2]XResearch source} This person is the “lienholder.” Find the lienholder’s contact number and call them up.
3
Negotiate with the lienholder. If you don’t want to pay the full amount of your debt, then you should try to negotiate. The creditor might be willing to accept less than you owe. You probably can’t negotiate with the IRS or with your city tax authority, but you could try to negotiate the amount owed to a judgment creditor or a contractor.
- Offer a lump sum payment.^{[3]XResearch source} The lump sum might be less than the debt, but the creditor knows they will at least be getting something from you. So long as the lien sits on your property they don’t get any money.
- Explain why you can’t pay the full amount. For example, you might have lost your job or been sick. By being upfront about why you can’t pay, you give the creditor incentive to settle for an amount less than you owe.
4
Pay the lienholder. You preferably shouldn’t pay in cash. Instead, pay with a credit card or with a check. If you have to use cash, then get a receipt from the lienholder.
- If the lienholder is willing to settle for less than the full amount of the debt, make sure you get a receipt even if you pay with a check or credit card. The receipt should state that you have paid off the debt in full.
- To get a tax lien released, you will have to pay the amount owed in full.
5
Get a release form. Make sure to find the correct release form and give it to the lienholder when you make payment. Ideally, you could pay in person and have them fill out the release form while you wait.
- Your state’s Contractor’s Board or equivalent agency should have waiver and release forms you can print off.^{[4]XResearch source}^{[5]XResearch source} You can use these to release a mechanic’s lien.
- A judgment creditor usually has to file an “acknowledgement of satisfaction of judgment” with the court.^{[6]XResearch source}^{[7]XResearch source} Your court probably has a printed, “fill in the blank” form you can pick up. Ask the court clerk or check the court’s website.
Once the lienholder signs the release, you should make sure it gets filed with the appropriate office. Keep a copy for your records. The lien won’t be released until the form is filed.
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Method 2

Method 2 of 3:

Resolving Boundary Disputes

1
Talk with your neighbor. Boundary disputes could show up on your title report. You should try to resolve any boundary dispute with your neighbor voluntarily. It would be cheaper and easier if you came to an agreement.
- For example, if your neighbor is encroaching on your property, then you could sell that portion of the land to them. Alternately, if you have encroached on your neighbor’s property, then you could purchase the land you are using.
- Try to be as open and honest with your neighbor as possible. Share copies of your survey and title report.^{[8]XResearch source} By being honest, you help build trust which could lead to a resolution.
2
Get a survey done. You might not know where the boundary line should be. In this situation, you should have a professional survey done. Contact a surveyor and check how much he or she charges. You can find a surveyor in the following ways:
- Ask your realtor. Call up the realtor you used to buy the home and ask if he or she could refer you to a surveyor. Many realtors keep lists of surveyors they have used.^{[9]XResearch source}
- Search the phone book. Look under “surveyor” or “land surveyor.”
- Get a referral from a professional association. Many states have surveyor associations which offer referrals. You can find them online by searching “your state” and “surveyor.”
3
Grant land by quitclaim deed. You and your neighbor could resolve the boundary dispute by establishing a boundary and then granting by quitclaim deed the property on either side. Each owner signs a quitclaim deed to the other and grants any land they own on the other side of the fence to their neighbor.^{[10]XResearch source}
- See Get a Quit Claim Deed for more information.
You might not be able to reach resolution with your neighbor. In this situation, you may have to file a quiet title action and ask the judge to fix the boundary to the property.^{[11]XResearch source}
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Method 3

Method 3 of 3:

Quieting Title

1
Identify when to quiet title. An action to “quiet title” asks the court to determine the legal rights in a piece of property. You can typically file a quiet title action in the following circumstances:^{[12]XResearch source}
- Someone is using your property without your permission. For example, someone might have encroached on your property, or they could regularly trespass on your property to reach their own parcel of land. In these situations, a quiet title action can establish that these people do not have an “easement” or other rights in your property.
- There is uncertainty about where the boundary should be located.
- You are unsure if you own the land. If the title report shows a break in the title, then you don’t know if someone might have transferred the property without the legal right to do so. In this situation, a quiet title action can conclusively establish that you are the owner of the property.
- You want to challenge a lien because you do not think it is valid.
2
Consult with an attorney. You would benefit by meeting for a consultation with an attorney to discuss whether you should bring a quiet title action and who you should join as defendants to the suit. A qualified attorney can listen to you explain your circumstances and offer tailored advice.
- To find a qualified attorney, contact your local or state bar association and ask for a referral.
- Once you have a referral, you should call the attorney and ask to schedule a consultation. Ask how much he or she charges.
3
Get a form petition. Many courts have created “fill-in-the-blank” forms you can use.^{[13]XResearch source} Stop into the court for the county where the property is located. Ask the clerk if there is a form.
- You can also check on the court’s website.
4
Format your own petition. There might not be a form available. In this situation, you need to draft your own. Begin by opening a blank word processing document and setting the font to a size and style that is readable. Times New Roman or Arial 14 point is generally acceptable.
- Also set one-inch margins and get a copy of your court’s local rules to see if there are other formatting requirements. You can get local rules from the court’s website.
- In some courts, you need to print your petition on “pleading paper,” which is paper numbered down the left-hand margin. You should read your local rules to check.^{[14]XResearch source}
5
Insert the caption information. At the top of the motion, you need to insert the “caption”: the name of the court, the names of the parties (you and any defendants), and space for the case number.^{[15]XResearch source}
- The court’s name goes at the top of the document, centered between the left- and right-hand margins.
- Insert the names of the parties beneath the court name and on the left-hand side of the page.
- Put “Case No.” and then a blank line to the right of the names. You will get the case number when you file your lawsuit.
- Be sure to name as a defendant anyone with a potential interest in the property. You can also name “John Does 1-100” if you think there are unknown people who might have an interest in the property.
You can insert the title beneath the caption. You can title the complaint “Action to Quiet Title” or “Verified Complaint to Quiet Title.”^{[16]XResearch source} Center the title between the left and right-hand margins.
7
Insert the introduction. In the introduction, you should identify yourself and the defendants. If you are representing yourself in the lawsuit, then you should identify that fact as well.
- Sample language could read: “Comes now, Plaintiff, Lisa Jones, representing herself pro se, and files the Complaint to Quiet Title against the Defendants and states the following.”^{[17]XResearch source}
8
Identify the property. You need to explain where the property is located. You should get your legal description of property. You can attach the legal description as an exhibit and refer to the property in your complaint by the street address.
- For example, you could write: “This is an action to quiet title to real property owned by the Plaintiff in fee simple, which is located at 755 East Erie, Southern Town, Florida, and which is described more fully in Exhibit A.”^{[18]XResearch source}
- Remember to number your paragraphs. The description of property would be number 1.
9
Explain how you took title to the property. One important fact is how you came into the property. You can briefly explain who you bought it from and the date that you took possession. In a series of numbered paragraphs, relate the following information:^{[19]XResearch source}
- The date you took possession of the property and how. For example: “2. Plaintiff derived title by purchasing the property on or about June 12, 2003 and owned in fee simple.”
- How the transfer was made: name the party who transferred the property to you, the type of deed (e.g., warranty deed, quitclaim deed, etc.) and state the volume and page number where the deed can be found in the Recorder of Deeds office.
You should identify any named defendants who are claiming an interest in your property. If any defendants are businesses, then identify where they do business.^{[20]XResearch source}
11
Explain the dispute. Go into sufficient detail so that the judge understands what interest the defendants claim in your property. You should also explain why you own the entire property. Refer to any documents that help your case—emails, letters, photographs, surveys, etc. Attach them as exhibits.
- For example, there may have been a gap in your chain of title. You should explain the gap and also point out that no one has come forward to claim ownership in the property.
- If you are involved in a boundary dispute, then explain the dispute. Also explain why the disputed parcel actually falls on your side of the land.
12
Insert your conclusion. Repeat that you want the court to quiet the title to your property. If you can sue for attorney’s fees in your state, then mention that as well.^{[21]XResearch source}
- Sample language could read: “Wherefore, Plaintiff respectfully moves this Court for an Order to Quiet Title of her residence at 755 East Erie, Southern Town, Florida.”
13
Sign under penalty of perjury. You may have to verify that the statements in your petition are true and correct. Alternately, you could sign your own affidavit to this effect.^{[22]XResearch source}
- You may also need to sign in front of a notary public. If so, insert an appropriate notary block and wait to sign until you appear before the notary.
14
File the petition. Once you have completed the petition, you should make several copies. Take your copies and the original to the court clerk. Ask to file.
- You will probably have to pay a filing fee. The amount and methods of payment will differ depending on the court, so call ahead of time and check.
- If you can’t afford the fee, then ask for a fee waiver form and fill it out. You will have to provide information about your monthly income and expenses.^{[23]XResearch source}
15
Serve notice of the lawsuit. You need to provide notice to anyone who might claim an interest in the land. This will include anyone who claims a lien, easement, or other interest in the property. You can serve notice by having someone 18 or older, who is not a party to the lawsuit, hand deliver notice.
- Read your state law. In some states, you have to give notice to your neighbors and other people.
- You might also have to post notice on the property itself and publish notice in a newspaper.^{[24]XResearch source}
If someone with an interest in the property wants to dispute the quiet title action, then they will probably file a response. You should receive a copy before your hearing date. If no one contests the quiet title action, then ask the judge to decide in your favor.
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