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Quiet Title Laws Allow Seizure of Some Midwest Homes

Quiet Title Laws Allow Seizure of Some Midwest Homes

FromReal Estate News: Real Estate Investing Podcast


Quiet Title Laws Allow Seizure of Some Midwest Homes

FromReal Estate News: Real Estate Investing Podcast

ratings:
Length:
5 minutes
Released:
Feb 17, 2022
Format:
Podcast episode

Description

Some people in the Midwest are losing their homes because of a loophole in “quiet title” laws. Law experts say real estate opportunists are claiming that homes are abandoned, and are using the loophole to grab the home when homeowners are away. There are reports that this has been happening in Iowa but that quiet title laws in several states could be used to do the same thing. Hi, I'm Kathy Fettke and this is Real Estate News for Investors. If you like our podcast, please subscribe and leave us a review.Iowa Public Radio broke the story about a homeowner in Marshalltown, Iowa, outside of Des Moines and Cedar Rapids. (1) Natalia Esteban had purchased the home in 2001 with her ex-husband, before they divorced. She moved to California in 2018, but kept the house in Marshalltown where she returned each summer. Big Surprise for the HomeownerEsteban’s daughter, Maria Kendall, lived in Marshalltown with her family and noticed a listing on Zillow one day, for her mom’s house. Her mother was in California at the time, so Kendall called her mom to ask about the listing. It was a big surprise for Esteban who wasn’t selling the house. They discovered that Esteban had lost the title, and the new owner had put the home up for sale.So how did the title transfer to whoever was selling her home? It’s called “quiet title action” and is used to settle disputes over who owns a piece of property. There could be a dispute over a boundary, or who owns a home after the owner dies, or any number of things. In Esteban’s case, Catherine Gooding petitioned for title of Estaban’s home claiming the home was abandoned. She also claimed to have a tax certificate that proved Gooding was the new owner. As required by the quiet title law, she published notification of the title dispute three times in the local newspaper. You know, the kind of small-print listings that most people probably wouldn’t see, let alone Esteban who was in California at the time.Even if she had looked at the paper, she may have missed it because she’s not fluent in English. But Gooding followed the law and won her case by default because Esteban failed to show up in court.Loophole In Quiet Title LawsLegal experts say the loophole has two issues that make it somewhat easy to snatch the title on a home. The first issue is a vaguely written law on how a person can challenge ownership of a property. It requires that the person petitioning for title must have an interest in the property, but it reportedly doesn’t provide details. The second issue is how the homeowner is contacted about the title dispute. The small-print notifications in the newspaper meet the legal requirement, but don’t do a very good job at notifying homeowners, especially if they are not home at the time and are immigrants who are not fluent in English.Esteban’s daughter told Iowa Public Radio that if she hadn’t seen the listing on Zillow: “We would never have found out the house was sold. My mother would have come back to Iowa in the summer and she would have found out she doesn’t have a house.” Esteban went to court to fight for her home. It was revealed during that case, that Gooding had applied for a tax certificate but had never been granted one. The title ended up going back to Esteban, but unfortunately, she lost everything inside the home. The radio station says she lost many photos and family heirlooms from her native Mexico.Weak Quiet Title Laws In Several StatesThe radio station reports that Gooding used the quiet title law to acquire more than 40 properties in the Marshalltown area. She did not respond to a request for comment but as the radio station points out, she followed a law with very few parameters.As for how often this happens overall, it’s difficult to track because there’s no code in the Iowa court system for “quiet title” transfers. In addition to Iowa, other states that have weak quiet title laws include Missouri, Nebraska, and Kansas.Legal experts are worried about this happening to other homeow
Released:
Feb 17, 2022
Format:
Podcast episode

Titles in the series (100)

Don’t get caught off guard by market crashes that can take all your money down with them. And don’t miss out on markets where you can build wealth practically overnight. Real Estate News for Investors with Kathy Fettke is the premiere source for savvy real estate investors who want the edge. Stay up-to-date on new laws, regulations, and economic events that affect real estate. Topics include: market trends, economic analysis that affects housing prices, updates on the best rental markets for investing in single-family rentals or multi-unit rentals, turn-key housing standards, the fate of the highly revered 1031 exchange and other tax law affecting investors, self-directed IRA investing and 401k changes, where rents and property values are rising or falling, flipping risks, new Dodd-Frank rules regarding private lending and financing standards, areas with job losses vs job growth, areas that are overbuilt or over-supplied versus areas with low supply and high demand, and how to avoid real estate scams. We'll bring you the latest reports from organizations like the National Association of Realtors, Realty Trac, Fannie Mae, Freddie Mac, Zillow, Trulia, Redfin, Rent Range, Property Radar, the Norris Group, Peter Schiff, Robert Kiyosaki’s Rich Dad, Suse Orman, Bigger Pockets, Dave Ramsey and more. And we'll help you interpret the data in terms that make sense for your real estate goals, and portfolio. Grow and protect your wealth by staying on the forefront of economic data analysis, expert opinions, innovative investing strategies and profitable investment opportunities. We'll share all the top real estate news stories and the best trade secrets investors should know, so you can stay ahead of the curve and make fully informed real estate decisions. Host Kathy Fettke is Co-CEO of the Real Wealth Network, author of Retire Rich with Rentals and host of the Real Wealth Show on iTunes. She brings decades of media and real estate investing experience, offers her own viewpoints on particular topics, and taps into her network of real estate experts for real world news updates created just for investors like you. Get the real news on real estate on The Real Estate News For Investors Show!