Quiet Title Action – Washington (2024)

FAQs

What is an action to quiet title in Washington state? ›

A quiet title action refers to a legal dispute filed to determine the proper ownership of a real estate property. This lawsuit sometimes becomes necessary if multiple parties claim the same property. The goal involves “quieting” the title and ruling in favor of one correct owner.

An Example of a Quiet Title

Thus, the home may have liens against the house or unpaid debts. To make sure that the buyer can own the home free and clear when purchasing, the Contractor will bring a quiet title action to court to essentially bump up their ownership of the home above other previous owners.

Quiet title and adverse possession both involve the ownership of real estate. Often, a quiet title action is filed to confirm or disconfirm ownership based on adverse possession.

A quiet title action is a legal action that is intended to clarify ownership of a given property. Quiet title actions are typically used in cases where title ownership is in question. The beneficiary of a quiet title action is often protected by attempts from outside entities to acquire the property in question.

With the average cost of a quiet title action being in excess of $4,500 and taking 6-12 months to complete, a quiet title action may not be the best strategy for your investing. Tax Title Services can qualify your tax deed property for title insurance in 30-40 days and at a fraction of the cost of a quiet title action.

Necessary Elements of a Quiet Title Claim

A description of the property that is the subject of the action. For real property, the description must include a legal description as well as the street address or other common designation. The title of the Plaintiff as to which a determination of quiet title is sought.

Forged deeds, mortgages, satisfactions, or releases. Deed by person who is insane or mentally incompetent. Deed by minor (may be disavowed) Deed from corporation, unauthorized under corporate by-laws or given under falsified corporate resolution.

A quiet title suit is also called a suit to remove. a cloud. Escrow doesn't officially close until the deed has been. recorded.

A cloud on title is a claim or encumbrance that affects the ownership of a property and can potentially discourage future parties from purchasing it. These claims or encumbrances can arise from easem*nts or mortgages on the land, or they can arise from a defect in a deed or a lien that may yield title to a third party.

Why would a property owner file a quiet title suit quizlet? ›

A buyer has signed a contract to purchase a property but is uncertain of the condition of the title.

In real estate contracts, the habendum clause refers to the transfer of ownership of a property and any accompanying restrictions. Because the clause begins with the phrase, "To have and to hold," the habendum clause is sometimes called the "to have and to hold clause."

An adverse possession claim must be based on exclusive use by the claimant. Therefore, any shared or common use with anyone else, usually the owner, will defeat the claim.

Make Sure You Have Title Insurance

There are two types of title insurance: lender's and owner's. Lender's title insurance is required by your mortgage company and assures them the title is cleared for sale. An owner's title insurance policy is what protects you after you buy the property.

Quickly, you look up the statute of limitation in Washington State and find RCW 4.16. 040 which holds that the SOL on a written contract is six years. Six years passes and you are ready to file your Quiet Title action.

An ejectment action is not based on the defendant's failure to comply with a notice; rather, it is initiated to determine who has a superior title, and thus, the superior right to possession.