Why would a property owner file a quiet title suit? a. To force the grantor to defend the title against a third party claim. b. To terminate a co-ownership estate when one co-owner is unwilling. c. To keep the owner’s name out of the title records. d. To have an encumbrance removed if the lienholder cannot prove its validity.
d. To have an encumbrance removed if the lienholder cannot prove its validity.
The correct answer is d. To have an encumbrance removed if the lienholder cannot prove its validity.
A quiet title suit is a legal action filed by a property owner seeking to remove any clouds on the title and obtain clear and marketable title to the property. This type of suit is often used to resolve disputes over property ownership or to clear up any ambiguity or uncertainty regarding who has legal title to a property.
One of the most common reasons for filing a quiet title suit is to have an encumbrance removed if the lienholder cannot prove its validity. For example, if a property owner believes that a lien or other encumbrance on the property is invalid, they may file a quiet title suit to have it removed from the title. The burden of proof in such a case is on the lienholder to show that the encumbrance is valid and legitimate. If they are unable to do so, the court may order the encumbrance removed and a clear title issued to the property owner.
Filing a quiet title suit is not an appropriate solution for keeping the owner’s name out of the title records, terminating a co-ownership estate when one co-owner is unwilling, or forcing the grantor to defend the title against a third party claim.
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