A title issue does not have to be dramatic to cause serious problems. An unreleased mortgage from a previous owner, a missing heir with a potential claim, or an old lien that was never properly discharged can all prevent you from selling, refinancing, or developing your property.
A quiet title action is the legal tool used to resolve these problems. It asks the court to determine who owns the property and eliminate any competing claims, giving you a clear and marketable title.
We handle quiet title actions for property owners throughout Chicago, Cook County, DuPage County, Lake County, and Will County. Whether you are dealing with a defective deed, a boundary dispute, or a claim from a prior owner's creditor, we can help you clear the title and move forward.
What Is a Quiet Title Action?
A quiet title action is a lawsuit filed in Illinois Circuit Court asking a judge to establish one party's ownership of real property and extinguish all other claims against it. The word "quiet" refers to silencing competing interests, not the nature of the proceeding.
When the court rules in your favor, it issues a judgment that removes the disputed claims from the title record. The result is a clean chain of title that lenders, buyers, and title companies will accept.
When a Quiet Title Action Is Necessary
Title issues take many forms, but they share a common trait: they create uncertainty about who actually owns the property. Some of the most common situations we handle include:
Clouds on Title: A cloud on title is any recorded claim, lien, or document that casts doubt on ownership. This could be an old mortgage that was paid off but never discharged, a judgment lien from a debt that has been satisfied, or a deed with errors that create ambiguity about the current owner.
Adverse Possession Claims: Under Illinois law, a person who openly, continuously, and exclusively occupies another person's land for 20 years without permission may claim ownership. A quiet title action is used to either establish or defeat these claims.
Disputes After Tax Sales or Foreclosures: Properties acquired through tax sales or foreclosure proceedings often carry lingering title issues. Former owners or their heirs may retain potential claims, and a quiet title action confirms the new owner's rights.
Missing or Unknown Heirs: When property passes through multiple generations or the heirs of a prior owner cannot be located, unresolved inheritance claims can cloud the title indefinitely. A quiet title action can eliminate those claims even when the interested parties are unknown.
Boundary Line Disputes: When neighboring owners disagree about where one property ends and another begins, a quiet title action can establish the legal boundary and resolve the conflict.
Defective or Fraudulent Deeds: Errors in a deed, whether from a clerical mistake, an unauthorized signature, or outright fraud, can undermine the entire chain of title. A quiet title action corrects the record and confirms the rightful owner.
How a Quiet Title Action Works in Illinois
The process follows a series of steps designed to identify all potential claimants, give them an opportunity to respond, and allow the court to make a final determination.
Title Search: Before filing, we conduct a thorough title search to identify every recorded claim, lien, or encumbrance affecting the property. This determines who needs to be named in the lawsuit and reveals the full scope of the title issues.
Filing the Complaint: We file a Complaint to Quiet Title in the appropriate Illinois Circuit Court. The complaint identifies the property, describes the title defect, names all parties with a potential interest, and asks the court to confirm your ownership.
Serving the Defendants: Every party with a potential claim must receive formal notice of the lawsuit. When interested parties cannot be located, Illinois law permits service by publication in a local newspaper.
Response Period: Defendants typically have 30 days to respond. If no one contests the action, the court can enter a default judgment in your favor without a hearing.
Hearing and Judgment: If any party contests the action, the case proceeds to a hearing where each side presents evidence supporting their claim. The judge evaluates the evidence and issues a ruling. A favorable judgment is recorded against the property, clearing the title of all competing claims.
How We Help with Quiet Title Actions
We represent property owners on both sides of quiet title disputes throughout the Chicago area:
For property owners filing quiet title actions:
- Conduct comprehensive title searches to identify all claims and interested parties
- Prepare and file the complaint with the appropriate court
- Serve all known and unknown defendants, including service by publication when necessary
- Present evidence at hearing and secure a judgment clearing the title
For parties defending against quiet title claims:
- Evaluate the validity of your ownership interest or claim
- Respond to the complaint and assert your rights
- Present evidence supporting your claim at hearing
- Negotiate settlements that protect your interests when appropriate
Common Questions About Quiet Title Actions
How much does a quiet title action cost?
Costs depend on the complexity of the title issue and whether anyone contests the action. Filing fees, title search costs, service of process fees, and publication costs are typical expenses. Uncontested cases are significantly less expensive than cases that go to a full hearing. We discuss estimated costs upfront during your consultation so there are no surprises.
Can I sell or refinance my property while a quiet title action is pending?
Technically you can attempt to, but most buyers and lenders will not move forward until the title is clear. That is usually the entire reason for filing the action in the first place. Once the court enters a judgment in your favor, the title becomes marketable and transactions can proceed normally.
I have title insurance. Do I still need a quiet title action?
Possibly. Title insurance protects you financially against covered title defects, but it does not fix the defect itself. Your title insurance company may pay a claim or even fund the litigation, but a quiet title action is still the legal mechanism that actually removes the problem from the title record. In some cases, the defect may fall outside your policy's coverage entirely.
Can a quiet title judgment be challenged later?
It is very difficult to overturn a quiet title judgment once it has been entered. A party who was properly served and failed to respond generally cannot reopen the case, absent extraordinary circumstances. However, if a party was never given proper notice of the lawsuit, they may have grounds to challenge the judgment. This is one reason proper service on all interested parties is so important during the process.
My title search turned up an issue. Does that automatically mean I need to file a lawsuit?
Not always. Some title defects can be resolved without litigation through corrective deeds, affidavits, or lien releases. Others require court involvement. We evaluate the specific issue and recommend the most efficient path to clearing the title, which may or may not involve a quiet title action.
For more detailed answers, visit our Title Dispute & Quiet Title FAQs page. You can also learn more about our broader title work on our Title Disputes service page.
For a closer look at how quiet title actions work in practice, including real scenarios involving inherited properties, zombie liens, and clouded title, read our blog post: A Guide to Quiet Title Actions in Chicago.
Need to Clear a Title Issue in Chicago?
Whether you are dealing with a defective deed, an unresolved lien, a boundary dispute, or competing ownership claims, we can help you resolve the issue and establish clear title to your property.
Contact us to see how we can help.
Schedule a Free ConsultationWhat to Expect During Your Consultation
During your free consultation, we will discuss your title issue, review the property's history, and explain the steps involved in resolving the problem. You will leave with a clear understanding of your legal options and what it will take to get your title cleared.