(918) 647-2268 / (479) 245-2520 / (479) 242-7199

Knight, Stockton, and Cunningham
Knight, Stockton, and Cunningham
  • Home
  • Our Team
  • Payment
  • Practice Areas
    • Real Estate
    • Real Estate Litigation
    • Quiet Title Lawsuits
    • Attorney's Title Opinion
    • Probate
    • Estate Planning
    • Business
    • Arkansas LLC
    • Civil Litigation
    • Child Custody
    • Guardianship
    • Criminal
    • DUI
    • Divorce
    • Adoption
  • More
    • Home
    • Our Team
    • Payment
    • Practice Areas
      • Real Estate
      • Real Estate Litigation
      • Quiet Title Lawsuits
      • Attorney's Title Opinion
      • Probate
      • Estate Planning
      • Business
      • Arkansas LLC
      • Civil Litigation
      • Child Custody
      • Guardianship
      • Criminal
      • DUI
      • Divorce
      • Adoption

(918) 647-2268 / (479) 245-2520 / (479) 242-7199


  • Home
  • Our Team
  • Payment
  • Practice Areas
    • Real Estate
    • Real Estate Litigation
    • Quiet Title Lawsuits
    • Attorney's Title Opinion
    • Probate
    • Estate Planning
    • Business
    • Arkansas LLC
    • Civil Litigation
    • Child Custody
    • Guardianship
    • Criminal
    • DUI
    • Divorce
    • Adoption

Quiet Title Lawsuits

Do you need a Quiet Title Lawsuit in Oklahoma or Arkansas? Let KSC Law Help with the following:

  

Quiet Title Lawsuits in Oklahoma

A quiet title lawsuit is a legal action filed to establish ownership of real property and to 'quiet' any challenges or claims to the title. In Oklahoma, quiet title actions are commonly used to resolve disputes where ownership of land or interests in land is uncertain, clouded, or contested.


Purpose of a Quiet Title Action

The primary purpose of a quiet title action is to remove clouds or defects on the title of real estate. This ensures that the rightful owner’s interest in the property is clear and marketable. Common situations include resolving disputes over mineral rights, adverse claims, errors in deeds, old unreleased mortgages, and competing ownership interests.


Legal Basis in Oklahoma

Quiet title actions in Oklahoma are governed by state statutes and case law. The Oklahoma District Courts have jurisdiction over quiet title suits. The action is typically filed in the county where the real property is located, as venue for real estate actions is tied to the property’s location.


Common Situations Requiring Quiet Title

Quiet title lawsuits in Oklahoma may be necessary in a variety of situations, such as:
- Boundary line disputes between neighbors.
- Clearing title after a tax deed sale.
- Resolving conflicting deeds or ownership claims.
- Establishing ownership after long-term adverse possession.
- Removing old liens, mortgages, or judgments that were not properly released.


Procedure

To initiate a quiet title action, the plaintiff files a petition in the appropriate district court. All parties who may have a claim or interest in the property must be named as defendants and served with notice. If the defendants fail to respond, the court may enter a default judgment. If contested, the court will determine ownership after reviewing evidence. Once the court issues a final judgment, the order is recorded in the county land records to establish clear title.


Importance of Quiet Title

Quiet title actions are important because they provide certainty in land ownership, making it possible for owners to sell, mortgage, or otherwise convey property without the risk of disputes arising later. They are also essential in ensuring that title insurance can be issued without exceptions for unresolved claims.


Conclusion

In Oklahoma, quiet title lawsuits serve as a vital legal remedy to resolve uncertainties in property ownership. Whether involving boundary disputes, conflicting deeds, or old liens, these actions protect property rights and ensure that real estate titles remain clear and marketable.


__________________________________________________


  

Quiet Title Lawsuits in Arkansas

A quiet title lawsuit is a legal proceeding used to establish clear ownership of real property. In Arkansas, a quiet title action is commonly filed when there are disputes or defects in the chain of title, or when ownership of land is clouded by competing claims. The action seeks to 'quiet' all challenges and confirm the rightful owner’s interest in the property.


Purpose of a Quiet Title Action

The primary goal of a quiet title lawsuit is to resolve uncertainties regarding property ownership. By obtaining a court order that establishes clear title, the property owner ensures that their interest is marketable and secure from future challenges. Quiet title actions are especially important for resolving disputes involving tax deeds, boundary lines, adverse possession, and conflicting ownership claims.


Legal Basis in Arkansas

Quiet title actions in Arkansas are authorized by Arkansas statutes and governed by the circuit courts. Venue for filing is generally the county in which the property is located. Arkansas law requires that all parties who may claim an interest in the property be named as defendants and provided with notice of the action.


Common Situations Requiring Quiet Title

A quiet title lawsuit in Arkansas may be necessary in several situations, including:
- Clearing title after obtaining a tax deed from the Commissioner of State Lands.
- Resolving boundary line disputes between adjoining landowners.
- Addressing claims based on adverse possession.
- Correcting defects or errors in deeds or prior conveyances.
- Removing unreleased mortgages, liens, or judgments that cloud title.


Procedure

The process for a quiet title action in Arkansas begins with the filing of a petition in circuit court. The petitioner must describe the property in question and the basis for seeking relief. All potential claimants must be served with notice, either personally or by publication if their whereabouts are unknown. If defendants do not respond, the court may grant relief by default. If contested, the court will hear evidence and issue a judgment determining ownership. The judgment, once recorded, becomes part of the public record and provides marketable title.


Importance of Quiet Title

Quiet title actions are vital to protecting property rights and ensuring certainty in land ownership. They allow property owners to sell, mortgage, or develop their land without fear of future disputes. In Arkansas, these actions are particularly important following tax sales, where the buyer must file a quiet title action to make the property’s title marketable.


Conclusion

Quiet title lawsuits in Arkansas provide a critical legal mechanism for resolving disputes over real estate ownership. By clarifying and confirming ownership rights, these actions ensure that property titles remain clear, transferable, and secure.


_________________________________________________________________


  

Quiet Title Lawsuits for Tax Deeds and Tax Resale Deeds in Oklahoma

In Oklahoma, quiet title lawsuits are often necessary following the purchase of property through a tax deed or tax resale deed. While these deeds transfer the county’s interest in the property to the purchaser, they do not guarantee clear or marketable title. A quiet title action is the legal mechanism used to eliminate competing claims and confirm ownership after a tax-related purchase.


Tax Deeds and Tax Resale Deeds

When property taxes go unpaid in Oklahoma, the county may sell the property at a tax sale. The initial sale results in the issuance of a tax deed, while properties that remain unsold at the original tax sale may later be conveyed by a tax resale deed. Both types of deeds provide only limited ownership rights because they are subject to redemption rights and potential legal challenges.


Need for Quiet Title Action

Although a tax deed or tax resale deed gives the purchaser an interest in the property, it typically does not provide clear title. Title insurance companies generally require a quiet title judgment before insuring property acquired in this manner. Common issues that require resolution through quiet title actions include:
- Redemption rights of prior owners within the statutory period.
- Claims from lienholders, mortgage holders, or judgment creditors.
- Errors or irregularities in the tax sale process.
- Competing ownership interests or heirs of prior owners.


Procedure

To quiet title after obtaining a tax deed or tax resale deed, the purchaser must file a petition in the district court of the county where the property is located. All individuals or entities who may have a claim to the property must be named as defendants and served with notice. If defendants do not respond, the court may enter a default judgment. If contested, the court reviews the evidence and determines ownership. Once finalized, the judgment is recorded in county land records, thereby establishing marketable title.


Importance of Quiet Title in Tax Deed Cases

Quiet title actions are essential in tax deed and tax resale deed cases because they resolve lingering questions about ownership. Without a quiet title judgment, the purchaser may encounter difficulties in selling, mortgaging, or developing the property. The judgment provides legal certainty and ensures that the new owner’s title is recognized as valid and enforceable.


Conclusion

In Oklahoma, tax deeds and tax resale deeds transfer property interests but do not provide marketable title on their own. A quiet title lawsuit is the necessary step for purchasers to eliminate competing claims, secure ownership, and make the property readily transferable. This legal process protects both the purchaser and future buyers, ensuring confidence in the chain of title.


__________________________________________________________________


Understanding Arkansas Tax Deeds: The Role of the Commissioner of State Lands & The Necessity of Quiet Title Actions for Marketable Title

Introduction


In Arkansas, acquiring property through a tax deed from the Commissioner of State Lands may seem straightforward. However, even with such deeds, securing a marketable title necessitates careful attention to legal standards. This article examines the nature of tax deeds issued by the Commissioner, the conditions under which such title becomes marketable, and the role of a quiet title (or confirmatory) action to ensure seamless, insurable ownership.


1. The Commissioner of State Lands and Tax Deeds in Arkansas

The Commissioner of State Lands administers the collection of delinquent property taxes by public auction. The Commissioner issues Limited Warranty Deeds to successful bidders on tax-delinquent parcels. These deeds are limited: they convey the State’s interest but offer no assurance that the title is clear, free of liens, or otherwise marketable. Buyers receive no title insurance and must perform their own due diligence.


2. What Constitutes “Marketable Title” in Tax Sales

Arkansas law defines a tax-deed‑based title as marketable when all of the following are true:
1. The tax deed has been on record for more than 15 years.
2. The grantee (or heirs/successors) have paid all due taxes for that same 15-year period.
3. No adverse possession claim has been asserted during that time.
4. The taxes for which the deed was issued were indeed delinquent at the time of the sale.
Until these conditions are met, the title remains unmarketable, meaning it cannot typically be insured or freely transferred.


3. Quiet Title or Confirmatory Actions: Clearing Clouds on Title

To achieve marketable title sooner than 15 years, purchasers commonly file a quiet title action (or a confirmatory action):
- A quiet title action is a lawsuit to eliminate competing claims and 'quiet' the title, establishing a clear and uncontested ownership.
- In Arkansas, tax deed purchasers may alternatively use a confirming title action, which can bar future claims even if procedural defects existed in the tax sale.
- Such proceedings enable purchasers to obtain a court decree affirming their ownership. Once entered, the decree serves as clear title and qualifies the property for title insurance.


4. Why Quiet Title Actions Matter

Purchasing property via a tax deed without pursuing a quiet title action carries risks:
- Lack of title insurance leaves the buyer unprotected if liens or claims emerge later.
- Improper notice to former owners or lienholders can later invalidate the sale.
- Hidden liabilities such as federal tax liens, easements, or environmental issues may survive the sale.
Most title companies require a title commitment indicating readiness to insure the title before they will insure a property acquired via tax deed. Quiet title actions help secure that commitment.


Conclusion

While tax deeds granted by the Arkansas Commissioner of State Lands provide a path to property acquisition, they do not guarantee a marketable or insurable title. The statutory 15‑year path to marketability may take too long for many buyers. Courts stepping in via quiet title or confirmatory actions provide a legal foundation to clear title, allow title insurance, and protect purchasers. For property to be both marketable and sellable, investing in these legal measures is strongly advisable.

 Copyright © 2024 Stockton Law Firm, PLLC dba Knight, Stockton & Cunningham & KSC Law - All Rights Reserved. 

  • Home
  • Our Team
  • Payment
  • Robert L. Stockton
  • Thomas A. Cunningham
  • Ted A. Knight
  • Cameron L. Horton
  • Martha H. Stockton
  • Legal Assistants
  • Real Estate
  • Real Estate Litigation
  • Quiet Title Lawsuits
  • Attorney's Title Opinion
  • Probate
  • Estate Planning
  • Business
  • Arkansas LLC
  • Civil Litigation
  • Child Custody
  • Guardianship
  • Criminal
  • DUI
  • Divorce
  • Adoption

Powered by

This website uses cookies.

We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.

Accept