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How do you file a quiet title case in Virginia?
Anonymous4 views1 answers
There's a cloud on my title that's preventing me from getting title insurance on a new acquired home (deed of gift) and there's a deed of trust recorded with a another legal description but my parcel id #. I've been told by city title searches go by legal descriptions but having such a hard time getting title insurance still. I've contacted the leinholder and they have done nothing about it. The property the deed is for has been sold by the city. what can I do?
I think that you have had this issue for quite some time now, as I have seen this question (or some variation) occur time and again over the past few months. I also seem to recollect that one suggestion was to have an attorney draft a letter for you - sometimes that helps. If you did that and there was no resolution, then a suit will be your next option.
However, if the lienholder is still not correcting the issue and you need to file suit to quiet title, I would always recommend retaining counsel. This will be heard in Circuit Court which is very strict procedurally. However, if the matter is straightforward, you may not have too much issue. In addition, the lienholder may correct the issue rather than have to go to court over it.
You can go to your nearest law library (I think Regents is located in the VA Beach area) and ask for the Virginia Forms books by Goshorn (published by LexisNexis). There is a sample complaint (older form book has it at 5-901 in volume 1B) for quieting title. You will also need to draft an Order. That is also in the form book.
In addition, you will want to search for Circuit Court clerk's handbook online to identify what the procedural issues are that you will encounter.
Other than that, you may want to inquire of the Clerk's office if they know of any suits to quiet title that are coming up or that have recently been decided. You should review those files to see what is required.
Expect this to take a great deal of effort and time even in best case scenarios.
