In Arkansas after you buy aproperty the state gives you a deed(special limited warranty) after 2 yrs you get a warranty deed but they told me I would have to quiet the title.I guess if there were any liens on it.This state does not estingoush liens
DISCLAIMER: I am not an attorney, nor am I giving legal advice! If you are in need of legal or professional advice please seek out a professional knowledgable in the area of your need!
With that here is my non-legal interpretation given from my familiarity and direct experience with the subject:
Quiet Titles also require a time period B4 they are clear & Insurable(WARRANTY).
Such as: in NY state the waiting period for answering Quiet title maybe 15 years.
In Illinois and in some other state it may take only 7 Yrs.
Quiet Title motions are commonly used when the owner is either unknown or has abandoned the property!
Sometimes heirs of and estate may have an estranged sibling or other relative with interest in a property and those heirs wanting to claim, sell or transfer their interest will file 'Quiet Title to do so!
A quiet title action in many parts of the country will cost you anywhere from 1000-2000 + costs. If the action is contested by the owner or heir, expect to spend anywhere from 3000-5000 dollars. Not cheap, but still reasonable for a property. I know of no place where general warranty deeds are given. This just allows you to get title insurance; thus you can sell the property thru financing. Bigger bucks!!
tjbab: 10-04-02 welcome to the world of state land sales. To start with I am not a lawyer. In Arkansas you file a petition to quiet title to the property . It al depends on which statute you use. There is a 2 year, 7 year, and 15 year statute of limitations. What you have is a need to make sure title to the property is in your name. That is the purpose of a quiet title action. You can do it yorself PRO SE. You will need a copy of the Arkansas Code of 1987 Annotated Cort Rules. Also various sections of the Annotated Code dealing with procedures for quieting title, statute of limitations. If you live in Little Rock go to the UALR library. Be humble and go to the Pulaski county courthouse and find similar cases to your problem. Use all the information available to you. Save time, copy what you need. Modify to your situation. The lawyers dso this and you pay dearly for it. They are not as knowledgable as they would have you think. You will be paying them from $100 to $200 an hour to educate them on property law and qwiet title action and adverse possession. To quiet title to your property you will have to plead title by adverse possession. Even the 2 year limitation is this. Since the state land commissioner does not have a clear title you have to get the court to clear the title(quiet title). I share with you my own experience. My qualifications are : I buy from the state, I am an adult educator, and a historian. In all things remember "Buyer beware". If you buy the sevices of a lawyer this moto applys. This is my first try at this web site. I don't know much about computers. I am learning. If I can be of help, post. Sincerely, Youareadverse.
You are also K-REKT on the using a Lawyer issue too!
Welcom to the TCI Family Glad you joined (FREE)!
I too have quieted quite a few Titles myself and taken ADVERSE POSSESSION!
You insight is very valuable so don't hesitate to jump in on my upcoming post to be Titled:
ADVERSE POSSESSION: Notoriously and Openly getting FREE HOMES!
My all time favorite subject besides 'Subject To's' is history. It is always a pleasure to see a new poster come on board and offer a helping hand to all of us.
Welcome on board this board, looking forward to many more posts on your part.
Does the same work for the eviction process? Can I do this Pro Se as well? Here in Ark. it would cost $500 to do it? It turns out quiet title action costs anywhere from 500-1000 out here. Looks like it can be done Pro Se also.
Quote:
I am in need of advice...long story...My daughter decided to re-finance her home thru her sister in law...She thought she was re-financed thru a new finance company and received the amount requested of the equity on her house. 4 months later the original finance company sent her a letter that they were going to repossess the house due to non payment. Appararntly the sister in law somehow did not do a re-finance but made ficticious paperwork and did a second on the house AND somehow got the check that was supposed to pay off the first mortgage sent to her and she wrote a ficticious check to the first mortgage company and kept the money. Well needless to say my daughter pressed charges and now the 2nd mortgage company is taking it all to court and has named my daughter and her husband as defendants along with the sister in law and they are asking for "quiet title". I do not see anything bad being said about my daughter in the summons, just the sister in law... But I am concerned about the "quiet title" thing. Does this mean that my daughter is going to lose her home because of the sister in law?????? Please advise
Quote:
I am in need of advice...long story...My daughter decided to re-finance her home thru her sister in law...She thought she was re-financed thru a new finance company and received the amount requested of the equity on her house. 4 months later the original finance company sent her a letter that they were going to repossess the house due to non payment. Appararntly the sister in law somehow did not do a re-finance but made ficticious paperwork and did a second on the house AND somehow got the check that was supposed to pay off the first mortgage sent to her and she wrote a ficticious check to the first mortgage company and kept the money. Well needless to say my daughter pressed charges and now the 2nd mortgage company is taking it all to court and has named my daughter and her husband as defendants along with the sister in law and they are asking for "quiet title". I do not see anything bad being said about my daughter in the summons, just the sister in law... But I am concerned about the "quiet title" thing. Does this mean that my daughter is going to lose her home because of the sister in law?????? Please advise
Quote:
On 2002-10-04 22:20, youareadverse wrote:
tjbab: 10-04-02 welcome to the world of state land sales. To start with I am not a lawyer. In Arkansas you file a petition to quiet title to the property . It al depends on which statute you use. There is a 2 year, 7 year, and 15 year statute of limitations. What you have is a need to make sure title to the property is in your name. That is the purpose of a quiet title action. You can do it yorself PRO SE. You will need a copy of the Arkansas Code of 1987 Annotated Cort Rules. Also various sections of the Annotated Code dealing with procedures for quieting title, statute of limitations. If you live in Little Rock go to the UALR library. Be humble and go to the Pulaski county courthouse and find similar cases to your problem. Use all the information available to you. Save time, copy what you need. Modify to your situation. The lawyers dso this and you pay dearly for it. They are not as knowledgable as they would have you think. You will be paying them from $100 to $200 an hour to educate them on property law and qwiet title action and adverse possession. To quiet title to your property you will have to plead title by adverse possession. Even the 2 year limitation is this. Since the state land commissioner does not have a clear title you have to get the court to clear the title(quiet title). I share with you my own experience. My qualifications are : I buy from the state, I am an adult educator, and a historian. In all things remember "Buyer beware". If you buy the sevices of a lawyer this moto applys. This is my first try at this web site. I don't know much about computers. I am learning. If I can be of help, post. Sincerely, Youareadverse.
can you email me? i need more info on Quiet Title! thank you, peggie
Explain what you are doing and the context. I am not sure what you mean.
In Arkansas after you buy aproperty the state gives you a deed(special limited warranty) after 2 yrs you get a warranty deed but they told me I would have to quiet the title.I guess if there were any liens on it.This state does not estingoush liens
tjbab,
Here is a un-attorney answer.
A motion for "Quiet Title" is filed in court.
Anyone claiming an interest in this property must make a claim at this time and be able to prove it or forever hold their peace.
If there are no legitimate claims then the title to the property reverts to the person who filed the original motion.
John $Cash$ Locke
There are no General Warrenty Deeds out there? I have never heard of a quiet title. tjbab, thanks for your post.
I guess you learn something new everyday.
DISCLAIMER: I am not an attorney, nor am I giving legal advice! If you are in need of legal or professional advice please seek out a professional knowledgable in the area of your need!
With that here is my non-legal interpretation given from my familiarity and direct experience with the subject:
Quiet Titles also require a time period B4 they are clear & Insurable(WARRANTY).
Such as: in NY state the waiting period for answering Quiet title maybe 15 years.
In Illinois and in some other state it may take only 7 Yrs.
Quiet Title motions are commonly used when the owner is either unknown or has abandoned the property!
Sometimes heirs of and estate may have an estranged sibling or other relative with interest in a property and those heirs wanting to claim, sell or transfer their interest will file 'Quiet Title to do so!
Hope this helps!
[addsig]
A quiet title action in many parts of the country will cost you anywhere from 1000-2000 + costs. If the action is contested by the owner or heir, expect to spend anywhere from 3000-5000 dollars. Not cheap, but still reasonable for a property. I know of no place where general warranty deeds are given. This just allows you to get title insurance; thus you can sell the property thru financing. Bigger bucks!!
tjbab: 10-04-02 welcome to the world of state land sales. To start with I am not a lawyer. In Arkansas you file a petition to quiet title to the property . It al depends on which statute you use. There is a 2 year, 7 year, and 15 year statute of limitations. What you have is a need to make sure title to the property is in your name. That is the purpose of a quiet title action. You can do it yorself PRO SE. You will need a copy of the Arkansas Code of 1987 Annotated Cort Rules. Also various sections of the Annotated Code dealing with procedures for quieting title, statute of limitations. If you live in Little Rock go to the UALR library. Be humble and go to the Pulaski county courthouse and find similar cases to your problem. Use all the information available to you. Save time, copy what you need. Modify to your situation. The lawyers dso this and you pay dearly for it. They are not as knowledgable as they would have you think. You will be paying them from $100 to $200 an hour to educate them on property law and qwiet title action and adverse possession. To quiet title to your property you will have to plead title by adverse possession. Even the 2 year limitation is this. Since the state land commissioner does not have a clear title you have to get the court to clear the title(quiet title). I share with you my own experience. My qualifications are : I buy from the state, I am an adult educator, and a historian. In all things remember "Buyer beware". If you buy the sevices of a lawyer this moto applys. This is my first try at this web site. I don't know much about computers. I am learning. If I can be of help, post. Sincerely, Youareadverse.
WOW YOUAREADVERSE!
Great information Very on the Mark!
You are also K-REKT on the using a Lawyer issue too!
Welcom to the TCI Family Glad you joined (FREE)!
I too have quieted quite a few Titles myself and taken ADVERSE POSSESSION!
You insight is very valuable so don't hesitate to jump in on my upcoming post to be Titled:
ADVERSE POSSESSION: Notoriously and Openly getting FREE HOMES!
Much Success!
Derrick Ali
[addsig]
youareadverse,
Glad to meet you.
My all time favorite subject besides 'Subject To's' is history. It is always a pleasure to see a new poster come on board and offer a helping hand to all of us.
Welcome on board this board, looking forward to many more posts on your part.
John $Cash$ Locke
YOUAREADVERSE,
Does the same work for the eviction process? Can I do this Pro Se as well? Here in Ark. it would cost $500 to do it? It turns out quiet title action costs anywhere from 500-1000 out here. Looks like it can be done Pro Se also.
Quote:
I am in need of advice...long story...My daughter decided to re-finance her home thru her sister in law...She thought she was re-financed thru a new finance company and received the amount requested of the equity on her house. 4 months later the original finance company sent her a letter that they were going to repossess the house due to non payment. Appararntly the sister in law somehow did not do a re-finance but made ficticious paperwork and did a second on the house AND somehow got the check that was supposed to pay off the first mortgage sent to her and she wrote a ficticious check to the first mortgage company and kept the money. Well needless to say my daughter pressed charges and now the 2nd mortgage company is taking it all to court and has named my daughter and her husband as defendants along with the sister in law and they are asking for "quiet title". I do not see anything bad being said about my daughter in the summons, just the sister in law... But I am concerned about the "quiet title" thing. Does this mean that my daughter is going to lose her home because of the sister in law?????? Please advise
Quote:
I am in need of advice...long story...My daughter decided to re-finance her home thru her sister in law...She thought she was re-financed thru a new finance company and received the amount requested of the equity on her house. 4 months later the original finance company sent her a letter that they were going to repossess the house due to non payment. Appararntly the sister in law somehow did not do a re-finance but made ficticious paperwork and did a second on the house AND somehow got the check that was supposed to pay off the first mortgage sent to her and she wrote a ficticious check to the first mortgage company and kept the money. Well needless to say my daughter pressed charges and now the 2nd mortgage company is taking it all to court and has named my daughter and her husband as defendants along with the sister in law and they are asking for "quiet title". I do not see anything bad being said about my daughter in the summons, just the sister in law... But I am concerned about the "quiet title" thing. Does this mean that my daughter is going to lose her home because of the sister in law?????? Please advise
Quote:
On 2002-10-04 22:20, youareadverse wrote:
tjbab: 10-04-02 welcome to the world of state land sales. To start with I am not a lawyer. In Arkansas you file a petition to quiet title to the property . It al depends on which statute you use. There is a 2 year, 7 year, and 15 year statute of limitations. What you have is a need to make sure title to the property is in your name. That is the purpose of a quiet title action. You can do it yorself PRO SE. You will need a copy of the Arkansas Code of 1987 Annotated Cort Rules. Also various sections of the Annotated Code dealing with procedures for quieting title, statute of limitations. If you live in Little Rock go to the UALR library. Be humble and go to the Pulaski county courthouse and find similar cases to your problem. Use all the information available to you. Save time, copy what you need. Modify to your situation. The lawyers dso this and you pay dearly for it. They are not as knowledgable as they would have you think. You will be paying them from $100 to $200 an hour to educate them on property law and qwiet title action and adverse possession. To quiet title to your property you will have to plead title by adverse possession. Even the 2 year limitation is this. Since the state land commissioner does not have a clear title you have to get the court to clear the title(quiet title). I share with you my own experience. My qualifications are : I buy from the state, I am an adult educator, and a historian. In all things remember "Buyer beware". If you buy the sevices of a lawyer this moto applys. This is my first try at this web site. I don't know much about computers. I am learning. If I can be of help, post. Sincerely, Youareadverse.
can you email me? i need more info on Quiet Title! thank you, peggie