Which action should a seller take to resolve a cloud on the title?

Study for the Rockwell Fundamentals Test. Utilize flashcards and multiple-choice questions with explanations. Be fully prepared for your exam experience!

Filing a quiet title action is the appropriate step to take when a seller needs to resolve a cloud on the title. A cloud on title refers to any claim, lien, or encumbrance that may affect the property's title, thereby hindering the owner’s ability to sell or transfer the property.

A quiet title action is a legal proceeding used to settle disputes over the ownership of real property. By initiating this action, the seller can seek a court's confirmation of their title, effectively clearing any claims or doubts about ownership. This process typically involves notifying all parties with a potential interest in the property and allows the court to determine the rightful owner. Once the court rules in favor of the seller, the cloud is effectively removed, and the seller can confidently proceed with the sale of the property.

While negotiating with the claimant may resolve a cloud, it does not provide the same level of legal certainty or formal resolution that a quiet title action offers. options like a quitclaim deed and accepting a promissory note would not appropriately address the underlying issue of the cloud on title, as they do not serve to clear or confirm ownership effectively.

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