A action to quiet title under Texas law is an action to clarify the ownership and validity of any liens or contracts on a piece of property. A party may need to file a motion to quiet title when the actual ownership is in dispute, or where property has been acquired via quitclaim or tax sale. In these cases, you must file a petition to quiet title in state court asking that you be declared the sole owner of the property, free and clear of any competing claims.
Draft your Petition to Quiet Title. You can obtain a blank form from the clerk's office of your county district court. The standard under Texas law in a quiet title action is that you must be able to allege ownership with sufficient certainty to allow the court to see that you have a right of ownership that requires judicial protection and action to enforce. Thus you will need to plead some evidence, such as possession of a deed or promissory note to the land. You cannot simply say that your opponent does not have title -- you must plead that you have superior title. Include this information in your petition and request that the court declare void the interest of the other party as it is invalid.
Read More: What is a Quiet Title?
File the petition with the clerk's office and send a copy of the petition to the attorneys representing the competing claimants to the property. If your property is currently in foreclosure, refer to the distribution list and notice attached to the Complaint of Foreclosure to identify the appropriate attorneys. The opposing party will have an opportunity to file a answer to your petition, and the matter will be set for trial.
Appear at the hearing on the petition, and present arguments on your petition. The opposing party will also participate in the hearing and be allowed to present its side of the case. If the court finds in your favor on the petition, the court will issue a judicial decree nullifying the disputed lien on the property.
- BananaStock/BananaStock/Getty Images