Quiet title lawsuit can clear title of missing owner

Quiet title lawsuit can clear title of missing owner

Seller’s absent boyfriend still on property title

DEAR BOB: I am a real estate broker with an opportunity to obtain a listing on a beautiful house. But there is one little problem. The seller says her boyfriend moved out about 15 years ago and she hasn’t heard from him since. When I checked the official title records, I see the seller and the boyfriend (with different last names) hold the title. The seller says they were never married. Is there any way this house can be sold now? The seller has paid all the mortgage payments since the boy friend disappeared 15 years ago. –Evelyn R.

DEAR EVELYN: As a real estate agent, you were very wise to check the title before listing that house for sale. From your description, it appears the title is unmarketable unless the missing boy friend can be found.

The legal solution is for the mom to bring a quiet title lawsuit. Depending on the exact facts, her attorney can best advise what legal steps to take, such as hiring an investigator and publishing legal notices of the pending lawsuit to clear the title.