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Abdenour Achab
  • Investor
  • Folsom, CA
9
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85
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Is a Quiet Title Action needed for Title Insurance

Abdenour Achab
  • Investor
  • Folsom, CA
Posted

Let's say I acquire a house in Arizona through foreclosure of a tax lien certificate. Let's say the foreclosure was on the deadbeat homeowner who was served in person, and on a private deed of trust holder who was served by publication.

There is always the risk that the foreclosed deed of trust owner will wake up one day from a deep coma, come out of the woodwork, and sue me, or whoever I sell the house to, alleging defective service and, therefore, trying to reinstate the deed of trust and/or re attach that deed of trust to the house.

The standard advice I have been reading about is file a Quiet Title Action. But what does a Quiet Title Action prove in Arizona that a Tax Lien Foreclosure conducted by a competent lawyer doesn't already prove regarding someone who cannot easily be found. In both cases, a lawyer and/or his paralegal and/or their skip tracer try to locate the deed of trust holder and, when they fail to do so, serve him by publication. After a Quiet Title Action, the formerly comatose Deed of Trust holder can still come out of the woodwork, claim defective service, and risks reinstating the dead of trust. Same probability of succeeding as against a tax lien foreclosure.

I asked GROK the above question after it took recommended a Quiet Title Action. GROK agreed with me that a Quiet Title Action doesn't really prove anything beyond a competently done Tax Lien Foreclosure. But GROK said that, regardless, title insurance companies are more likely to insure title after a Quiet Title Action.

If I acquire a house in Arizona through a foreclosure on a tax lien certificate where the private deed of trust holder was served by publication, and keep that house for a couple of years during which no one shows up contesting any aspect of the foreclosure, is there, in Arizona, a title company that will insure the title for a prospective buyer of the house? Potentially charging more (as in twice or so the going rate) to cover the extra risk?

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Drew Sygit
  • Property Manager
  • Royal Oak, MI
8,928
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Drew Sygit
  • Property Manager
  • Royal Oak, MI
Replied
Quote from @Abdenour Achab:

Let's say I acquire a house in Arizona through foreclosure of a tax lien certificate. Let's say the foreclosure was on the deadbeat homeowner who was served in person, and on a private deed of trust holder who was served by publication.

There is always the risk that the foreclosed deed of trust owner will wake up one day from a deep coma, come out of the woodwork, and sue me, or whoever I sell the house to, alleging defective service and, therefore, trying to reinstate the deed of trust and/or re attach that deed of trust to the house.

The standard advice I have been reading about is file a Quiet Title Action. But what does a Quiet Title Action prove in Arizona that a Tax Lien Foreclosure conducted by a competent lawyer doesn't already prove regarding someone who cannot easily be found. In both cases, a lawyer and/or his paralegal and/or their skip tracer try to locate the deed of trust holder and, when they fail to do so, serve him by publication. After a Quiet Title Action, the formerly comatose Deed of Trust holder can still come out of the woodwork, claim defective service, and risks reinstating the dead of trust. Same probability of succeeding as against a tax lien foreclosure.

I asked GROK the above question after it took recommended a Quiet Title Action. GROK agreed with me that a Quiet Title Action doesn't really prove anything beyond a competently done Tax Lien Foreclosure. But GROK said that, regardless, title insurance companies are more likely to insure title after a Quiet Title Action.

If I acquire a house in Arizona through a foreclosure on a tax lien certificate where the private deed of trust holder was served by publication, and keep that house for a couple of years during which no one shows up contesting any aspect of the foreclosure, is there, in Arizona, a title company that will insure the title for a prospective buyer of the house? Potentially charging more (as in twice or so the going rate) to cover the extra risk?


In Michigan, a tax sale results in the owner getting a Tax Deed.

Most title companies will NOT accept them as the counties processing the tax sales don't consistently publish their procedures. This make title companies nervous about whether or not all possible claimants were properly serviced.

So, many title companies now provide a fee service that uses FOIA to review what county did and they then MAY issue title policy. 

If they reject coverage, then the owner has to file a quiet title case.

In no case can a previous owner really come after the tax sale buyer. Of course, this is the US and anyone can sue anyone, but the county would have to handle any legitimate case.

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