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Thomas A. Sirianni, Esq.
Practice Area

How do I clear a cloud on the title to my property?

A quiet title action under New York RPAPL Article 15 lets the rightful owner of real estate ask a court to declare their title free of competing claims — old mortgages, expired liens, missing heirs, defective deeds, or anyone else who might assert an interest. Once judgment is entered, the title is marketable and insurable, and the cloud is permanently removed from the public record.

Cases I Handle in Quiet Title Litigation

Clearing old or expired mortgage liens still on record
Resolving defective deeds and chain-of-title gaps
Removing fraudulent or forged deeds from the record
Adverse possession claims and defenses
Cancelling discharged but unrecorded mortgages
Boundary and easement disputes
Heir and devisee claims on inherited property
Title insurance company referrals

Are You Dealing With Any of These Situations?

Title search reveals a mortgage from 40 years ago that was never discharged
A deceased relative's name is still on the deed and heirs can't be located
Deed was signed by the wrong person or contains a legal description error
Neighbor claims part of your yard through adverse possession
Old judgment or tax lien is blocking your sale or refinance
Forged or fraudulent deed appears in your chain of title

Relevant New York Laws

RPAPL Article 15 — New York's statutory framework for actions to compel the determination of claims to real property. Any person claiming an estate or interest in real property may bring the action against anyone with an adverse claim.

RPAPL § 1501 — Defines who may bring a quiet title action and the scope of claims that may be adjudicated, including remote, contingent, or future interests.

RPAPL § 1515 — Governs the contents of the complaint and required parties, including the obligation to name all known and unknown claimants and to describe the property with particularity.

RPAPL § 1931 — Authorizes the cancellation and discharge of record of an ancient mortgage where the statute of limitations has run and no payment has been made for the statutory period.

Frequently Asked Questions About Quiet Title Litigation

A cloud on title is any claim, lien, defect, or recorded document that calls the rightful ownership of your property into question. It matters because title insurance companies and lenders will refuse to insure or finance a sale until the cloud is removed by a quiet title judgment.

If the mortgage is more than six years old with no payment and the lender no longer exists or can't be located, RPAPL § 1931 lets you petition the court to cancel and discharge the ancient mortgage of record. For more recent mortgages, a quiet title action with proof of payoff is the standard remedy.

Uncontested quiet title actions where the adverse claimants are unknown or fail to appear typically resolve in 6 to 12 months. Contested matters with active defendants can take 12 to 24 months or longer.

Yes. A quiet title action under RPAPL Article 15 is the proper vehicle to obtain a judicial declaration that your boundary line is where the deed describes it — and to defeat any adverse possession claim that doesn't meet the strict statutory elements.

Often, yes. If the cloud existed at the time you purchased and was not excepted from your owner's policy, your title insurance carrier has a duty to defend and clear the title at their expense.

Ready to Discuss Your Case?

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