How Do I Get a Title Transferred if the Deed Was Never Recorded?
Full Question:
Answer:
A quiet title or trespass to try title action is the method of determining title to lands, including the boundaries of that land. In a quiet title action, it is possible to ask the court to issue an injunction to force another to do or refrain from doing an act, such as issuing a transfer of title or new deed to be recorded in the recorder's office. An injunction is an equitable remedy that the court may order when money damages will be inadequate to remedy the harm suffered.
Injunctive relief consists of a court order called an injunction, requiring an individual to do or not do a specific action. It must be proven that without the injunction, harm will occur which cannot be remedied by money damages. To issue a preliminary injunction, the courts typically require proof that (1) the movant has a ‘strong’ likelihood of success on the merits; (2) the movant would otherwise suffer irreparable injury; (3) the issuance of a preliminary injunction wouldn't cause substantial harm to others; and (4) the public interest would be served by issuance of a preliminary injunction.
The resolution of the title will be a matter for the court to determine, based on all the facts and circumstances in the case. I suggest you contact a local attorney who can review all the facts and documents involved.