Chapter 12 - § 12.3 • IS A QUIET TITLE ACTION NECESSARY?

• Jurisdiction: Colorado

§ 12.3 • IS A QUIET TITLE ACTION NECESSARY?

Whenever a title insurance commitment, litigation guarantee, or an attorney's title opinion calls for a QTA, you should obtain complete copies of all documents disclosed in the commitment, guarantee, or opinion. In addition, order a certificate of taxes due from the county to determine if there are delinquent taxes or an outstanding tax sale. Since a treasurer's deed will originate a new title, it would be rather awkward if one were issued during the pendency of your QTA. See § 7.2.4.

After you have determined the nature of all outstanding claims to the title, you may be able to cure the defect(s) by corrective deeds, releases, or other remedial documentation. If your investigation fails to disclose any feasible alternatives, then you can justifiably recommend a QTA to your client. However, it is essential to...