County recorder offices help to maintain information about property ownership and certain financial obligations. When people execute deeds to transfer their ownership interest in a property to someone else, they must present the deed to the local recorder’s office. Then, the change of ownership becomes part of the official title record for the property.
Anytime an outside party secures a lien against real estate, they typically record the information with the county recorder as well. After securing payment for the debt that led to the lien, the lien holder typically needs to notify the recorder’s office and release the lien.
However, sometimes liens remain on record long after a property owner fulfilled their obligations. If a lien holder has not taken the right actions to resolve an outstanding lien, then the property owner may need to take the case to the Ohio civil courts.
How can the courts help with title issues?
Those dealings with inaccurate title records such as liens that are no longer valid can potentially ask the civil courts to grant them a quiet title hearing. During quiet title proceedings, property owners present information to a civil court judge about the inaccurate information reflected on the current title history for a property.
For example, in cases where one party has paid a lien, they may present financial records establishing a clear history of payments that amount to the full value of the debt secured by the lien against the property. Provided that a judge agrees that the property owner has repaid the balance owed and satisfied the debt secured by the lien, they can order the release of the lien.
Quiet title proceedings are an option in scenarios where lien holders refuse to release the lien against the property as they should. Quiet title hearings can also help those with a lien held by a person who has since died or a business that has since ceased operating.
In scenarios where a county recorder’s office has inaccurate information about the title history for a property, quiet title proceedings might be the best option for those hoping to correct the issue or preparing for an upcoming real estate transaction. Having the right support when dealing with real estate litigation can take much of the stress out of the process. Those who need to go to court to correct title matters may find the assistance of a professional invaluable.