12/02/2015

Proceedings Subsequent: Clearing Real Estate Title Issues

Often called a Quiet Title Action, a Proceedings Subsequent Petition is the civil court process to eliminate flaws in the title to real estate. Particularly with abstract titles to property, it is relatively easy to miss a prior ownership interest in title to real estate that was not properly terminated. Commonly this occurs in divorce situations when a spouse, pursuant to a divorce decree, relinquishes ownership interest in the couples' property, but nothing gets filed with the county recorder.

In a Proceedings Subsequent Action, the Petitioner files the action in District Court. Once accepted, the Registrar of Titles identifies all the parties in interest to be notified of the action and notification of the Action is published in a recognized legal periodical. From there the action can take a number of twists and turns, but most commonly the person who's interest is seeking to be eliminated does not respond and the matter proceeds swiftly to "clear title."

If you have any questions or problems with the title to your land, schedule a meeting with Dan to develop a game plan and clarify your ownership.

The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney. All information contained in links are the property of the linked site.

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