What a better way to preface the upcoming Quiet Title Workshop in Las Vegas (April 16th-18th; see the Clouded Titles website for details) than to relate some of the more serious title issues that could certainly affect the standing of the property owner (or alleged property owner) to be able to file a quiet title action.
I start by first discussing what many attorneys I’ve spoken with refer to as a “deed to nowhere”. There are other terms that have been bandied about in the legal community, but I think this term is the most succinct as it relates to the lack of property ownership ab initio. For those of you who aren’t keen on your Latin, the foregoing term means “from the beginning”. In this case, it refers to what DIDN’T happen at closing (or shortly thereafter). I have made note of a few cases to back up what I’m about to discuss here.
I have to slam the behaviors of the title companies, trustees, escrow officers and mortgage document preparers who DON’T first review their work before they hit “PRINT” or “SEND”, only to be relied upon by someone else who is less learned in real property issues than they are. I nitpick at these folks because these people are (in my humble opinion) the MOST responsible for the errors committed here which I am about to discuss in various scenarios.