FAQS: Real Property Frequently Asked Questions

*Arkansas clients. Contact an attorney in your jurisdiction to discuss your specific situation.

Why should I file a Quiet title action in court?

A quiet title action is a court proceeding where, if approved, a judge determines that your property has clear and marketable title. This court order essentially resets and removes any discrepancies in your property title. Clear and marketable title may be important when obtaining title insurance and when transferring title to a later purchaser.

What is a Quitclaim deed?

A quitclaim deed is a type of ownership transfer where the seller/grantor does not warrant that the title to be granted is free and clear from any issues. The grantor is essentially stating you are taking the property ownership "as is," subject to any potential issues. A quiet title action is recommended after obtaining a quitclaim deed to get clear and marketable title to cut off potential ownership discrepancies in the future.

What is a Limited Warranty Deed?

A limited warranty deed is granted to a purchaser of property at an tax sale from the Commissioner of State Lands for the State of Arkansas. This type of deed is granted after a property has been foreclosed by the State for failure to pay real estate taxes. A quiet title action is recommended to get clear and marketable title.