Some real estate litigation stems from sellers misrepresenting a property or buyers refusing to give up their earnest money after canceling a closing without reason. Other times, real estate litigation may begin with the intent to facilitate a smooth transaction. Homeowners who intend to sell their properties, refinance or take on new co-owners may need to go to court to address title issues.
When property owners understand that there may be issues with the title records for their homes, they can take action before listing the property or executing a deed. Filing a petition with the courts as soon as title defects come to light can help correct inaccurate records and better ensure that a closing, transfer or refinance attempt can move forward as planned.
Judges can correct inaccuracies in title records
Civil court judges have the legal authority to rule on ownership disputes. They can evaluate and rule on the accuracy of title records, including liens, easements and the owners listed on official county records.
In scenarios where the current information on record with county authorities does not accurately reflect who owns the property, what easements are in place and what means exist, people can file paperwork to initiate a quiet title action. Quiet title proceedings can eliminate blemishes that might otherwise delay or completely prevent residential real estate transactions. Judges can correct and update records that could impact eligibility for title insurance.
Requesting a hearing in court can help people preparing for real estate transactions to address title issues that could complicate a sale, transfer or refinancing attempt. An attorney can help gather evidence and submit the paperwork necessary when pursuing real estate litigation over title issues.