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Quiet Title Actions

Our Skilled Massapequa Real Estate Lawyer Can Help

When lenders commence to foreclose on a property, there are many reasons why the action is stalled, abandoned, withdrawn or dismissed. Most homeowners leave the property and believe at some point, that the bank assumes ownership. But for many cases, this simply does not happen – usually without their knowledge. Homeowners also may not realize that they are still responsible for the maintenance and upkeep of the property, even if the bank has attempted to secure or “winterize” the property from freezing damage. Further, there is liability to third persons, such as trespassers, who may litigate against the homeowner and where there is usually no insurance coverage

In these cases, the property owners can take action to resolve the foreclosure litigation or to remove the property lien in those cases where it has been withdrawn or dismissed – and sell the property for a complete profit! "This is known as a quiet title action. At James J. Quail & Associates, P.C., we understand the burden that these "zombie properties" can be for harried homeowners who thought their equity in the property was gone and the responsibility for the maintenance and care property had long ended. Our Massapequa real estate attorney is ready to bring knowledgeable and aggressive counsel to put forth and resolve your quiet title action.

Learn more about your quiet title action options today. Call us at 516.246.2449 to tell us you story.

Understanding Quiet Title Action

Quiet title actions are described in RPAPL § 1501. These actions were intended to resolve conflicts between multiple parties who have some claim or interest to a property (such as family members or multiple business entities). However, now that zombie properties have become so prevalent in our area, these actions have become effective in discharging the lien for an unpaid mortgage and allowing the plaintiff to recover the property. It also allows for the holder of a tax lien to commence an action and possibly take possession of the property.

Key points to understand about quiet title actions:

  • They must take place no sooner than ten years from the date of dispute
  • If used to discharge a mortgage in the homeowner’s favor, it must be commenced six years after the bank accelerated the loan or commenced a prior action
  • They rule in favor of the homeowner if the lender fails to appear
  • The judgments prevent future action by involved parties to reclaim the property

While these quiet title actions can be a boon for homeowners, they can be complex to properly navigate. If you need to resolve your ties to a zombie property, then James J. Quail & Associates, P.C. is ready to speak with you about your quiet title options.

Use our online form to request your case evaluation today.

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