What action does a seller need to take if they cannot get marketable title due to a break in the chain of title?

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A seller facing a break in the chain of title must initiate a quiet title action to resolve the issue. This legal process is used to establish clear ownership of the property and to remove any claims or challenges to the title. When the chain of title is broken, it means that there is uncertainty or disputes regarding the property’s ownership history, which can complicate any potential sale. A quiet title action helps to provide clarity and ensures that the seller can convey marketable title to the buyer, effectively safeguarding the buyer's investment.

The other options do not address the specific issue of resolving defects in the title. For instance, a legal title action typically refers to actions taken to enforce or defend a title in a broader sense but is not specifically targeted at resolving breaks in the chain of title. A title insurance claim may be filed if there is a defect or issue with the ownership that has been discovered post-purchase but it does not solve the issue in advance of the sale. Meanwhile, a property disclosure statement is used to inform potential buyers of any known issues with the property itself but does not do anything to clear up the title itself. Therefore, the quiet title action is the most appropriate remedy for the seller facing challenges with their title due to breaks in ownership history

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