All Forum Posts by: Megan Thomas

Typically, the hanging issue with quieting title relates to due process, specifically noticing entitled parties.

Every state has very specific codes and case law that spells out what constitutes sufficient notice (due diligence search, U.S. Mail, posting, legal publishing, personal service, etc.). 
Whatever is required to satisfy a judge to enter a judgment, including stipulated agreement between parties.

Once a judgment is entered, there is typically a period of time that must elapse that bars any future claims from challenging the judgment, or at least that it could be defended.

This is the date title insurance company would see as their risk minimized. 
The last deal I did like this (California) had a one-year Right of Redemption for the judgment and title company required holding funds so I could insurance and close escrow.

In my opinion, you might be best served by signing a purchase contract which requires the seller deliver marketable title and then let the title agent and the sellers figure out how to deliver it.

Heheheheheh

44 heirs and they have fractional shares,
this real estate agent said there are no cares
I'd be the first to wish him well
and them to him this is what I would tell.

"You're nuts Mr Real Estate Agent". ;-)

Yes, that is a very big problem
If you can't find all of the heirs and you haven't been through probate, my oh my.

A friend of mine inherited a farm in North Dakota along with 4 other siblings.
3 wanted to sell, one wanted to keep, and one didn't care.
Five years later, they finally all agreed. The property sat all that time, since there was one holdout.

I'm currently working on a probate where one heir said another heir didn't deserve anything from the inheritance, so he hasn't been notified. That's a lawsit waiting to happen. Not one I want to be included in.

You’re saying this went through probate and they awarded 1/44th to each heir? Seems kinda unlikely. Seems more likely they would award to one classs of heir. Spouse, then kids, then parents, then siblings, etc. Once they found a “closest class” they would inherit. 

If you die tomorrow with no will they’re not going to award your kids, your parents and your 3rd cousin equal shares of everything you have. And this is all assuming they died with no outstanding debt and someone’s been paying all the property taxes. 

Once it goes through probate I’m assuming you’re 44 will be less than 10, probably less than 4. Assuming zero debts and someone’s been paying taxes. But you have to find someone to run it through probate before the county auctions it off for unpaid taxes. 

I suspect your attorney may be referring to a quiet title action, though to bring one successfully you need to give the court some reason to do so.

How do you know these missing people are heirs?  Has there been a probate?  If so, if the probate is still open is it possible for the Personal Representative to convey the property free and clear of the heirs' interest?

It may be possible for you to acquire the interests of the cooperating heirs and then bring a partition action where the court orders the property to be sold to the highest bidder.  The downside of course is someone else may bid higher than you're willing to go.