Utah Quiet Title
How long does a quiet title action take?
An undisputed quiet title action usually takes approximately 8-10 weeks to complete. That process may be greater or shorter depending on certain factors out of our control, such as Court rulings on certain matters, such as motions for alternative service.
How does a quiet title action generally proceed?
All parties with an interest in the property that can be located must be served with notice. A quiet title action often requires obtaining an order for alternative service allowing all interested but unknown parties to be served by alternative means, such as publication in a newspaper of general circulation within the county where the property is located. There is then a contest period from the last date of publication for anyone making a claim to the property to file their claim. If no one opposes the action, a Judgment quieting title will usually be entered.
What happens if the quiet title action is disputed?
If the quiet title action is disputed, then the time to resolve the quiet title action may be a significant period of time, depending on the claim made by the claimant. Each case must be considered on the facts and circumstances unique to that claim and a determination of the validity of any claim made.
What if I don’t know all of the heirs of the person that is deceased?
If a prior owner is deceased, you must make a good faith effort to find, locate and give actual notice to all of the heirs. Once a good faith efforts is made to give notice to all known heirs, the Court will usually grant an order for alternative service as to all unknown heirs or heirs that cannot be located.
What does it mean to have free and clear title?
The term free and clear title is sometimes used to describe title to real property that is free and clear of all encumbrances, liens and claims against that property.
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