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Do I have to wait any length of time before I can start an action to quiet title?

Do I have to wait any length of time before I can start an action to quiet title?

Q: How to foreclose on a lien?

To foreclose on a lien, the lienholder must typically file a lawsuit in court to obtain a judgment against the property owner. If successful, the court can order the sale of the property to satisfy the debt. The process can vary based on the type of lien and state laws, so it's advisable to consult an attorney for guidance.

Full question:

I just bought a real estate property at a county tax deed foreclosure auction. The property was foreclosed upon using the 'mortgage-style' method, NOT the 'in-rem' method. Do I have to wait any length of time before I can start an action to quiet title or can I proceed immediately? Also, am I correct in assuming that this action should not take as long or cost as much money as a normal quiet title action due to the fact that most of the research, fact finding and leg work has already been completed due to the tax deed foreclosure and all the information that is needed for the action is already contained in the case file which is of public record? What is the normal range of fees that an attorney would charge for such an action?

Category: Real Property
Date: 04/07/2025
State: South Carolina

Answer:

We cannot find a reason that you not proceed immediately with your action to quiet title. If there is a rule requiring a waiting period, it is possible your case would have to be restarted after the period has run, but that would usually only occur if there was an objection and we presume due to the foreclosure acquisition of the property by you that there will be no opposition in your quiet title case and you will receive a default judgment.

You are correct in presuming that your case will be simpler than a case in which all the information you list had yet to be gathered. Especially if your case is unopposed. However we cannot predict the twists and turns a case may take in court and so we cannot answer with any assurance. You should call around and talk to a few lawyers, and after explaining your circumstances to them, if they are willing to take the case, ask for a flat-fee price, as opposed to an hourly rate. Then take the best offer. We hesitate to guess at a "usual rate," which is dependent on numerous variables. Good luck.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the difference between a tax deed and a foreclosure?

A tax deed is a legal document that transfers ownership of a property after the owner fails to pay property taxes. It is typically issued at a tax deed auction. Foreclosure, on the other hand, is a legal process where a lender takes possession of a property due to the owner's failure to make mortgage payments. While both processes can result in the loss of property, they arise from different financial obligations.

How do you foreclose on a tax lien?

To foreclose on a tax lien, a government entity typically initiates the process after the property owner fails to pay property taxes. This usually involves notifying the property owner, allowing them a chance to pay the owed taxes, and then proceeding to auction the property if the taxes remain unpaid. The specific procedures can vary by state, so it's important to consult local laws.

What happens after you buy a tax deed in Texas?

After purchasing a tax deed in Texas, you receive ownership of the property, subject to any existing liens or claims. You may need to file a quiet title action to clear any disputes over ownership. Additionally, the previous owner has a redemption period during which they can reclaim the property by paying the owed taxes and fees.

What does REM foreclosure mean?

REM foreclosure, or 'in rem' foreclosure, is a legal process where a court orders the sale of a property to satisfy a debt, typically related to unpaid taxes. Unlike a mortgage foreclosure, which involves the lender and borrower, an in rem foreclosure focuses solely on the property itself, regardless of ownership. This process is often used for tax liens.

How to foreclose on a lien?

How to foreclose on a tax lien property?

To foreclose on a tax lien property, the government must follow specific procedures, which usually include notifying the property owner and allowing a redemption period. If the taxes remain unpaid, the property may be sold at a tax deed auction. The exact process can differ by state, so it's important to refer to local laws for details.