Situations that call for one
New York lets a person with a claim to real property bring an action asking a court to determine competing claims to it, which is what people usually mean by a quiet title action. It comes up after deed theft, where someone records a forged or fraudulently obtained deed, a problem that has been especially visible in parts of New York City. It also comes up with gaps in the chain of title, interests left over from an estate, and neighbors who claim part of a lot through long use. The relief is a judgment that can be recorded, which is what title companies and future buyers ultimately need to see.
Building the record of ownership
Start with your deed and the deeds before it, the title report and title insurance policy from your purchase, and any survey. Tax bills, insurance records, and utility accounts show who has treated the property as theirs. If a fraudulent deed is involved, gather anything showing you did not sign or authorize it, and report it to law enforcement; New York has strengthened its response to deed theft in recent years. In New York City, the Department of Finance offers a free alert service that notifies owners when documents are recorded against their property, and signing up is a simple step for any owner. If you have title insurance, notify the insurer promptly, since the policy may cover defense of your title.
How these cases move
Everyone who may hold an interest has to be identified and brought into the case, which sometimes means searching for heirs or for parties who cannot easily be found. A notice of pendency is often filed so that anyone dealing with the property is on notice of the dispute. Some cases resolve when the other side signs a corrective deed or a release, and others require proof at a hearing or trial. We start by reviewing the title history to see where the break occurred and whether a quicker corrective route exists before committing to a lawsuit.
