Quiet Title Action California

Bit About Quiet Title Action

An action for quiet title seeks to eliminate, establish, resolve, and “quiet” any other claims on the property by others. In a quiet title action, ownership over real estate can determine and settled effectively once the lawsuit is complete. The final result of the suit will be a perfect title that is enforceable in the courts.

However, we need to note that quiet title judgments are particularly powerful and entail more rigorous requirements than other real estate actions. We aim to assist you with this unique lawsuit since our attorneys are familiar with handling quiet title actions.

 

California Quiet Title Lawsuits

A quiet title action is when one party asserts ownership of a particular real property against adverse claims or any interest in the property. The purpose is to establish the clear right of that title against any adverse claims.

It refers to a legal action in which the Plaintiff seeks a declaration of a specific piece or all of a particular piece of real property. In this case, the Plaintiff asks the court to rule that their title will override the defendant’s claims.

When you file a quiet title action, the action must occur in the same county where the real property is situated. The court has the ultimate authority to resolve the title issue. There is a need to be aware that these lawsuits are particularly powerful. Consequently, they have stricter requirements than any other real estate lawsuit. It is also crucial for you to understand that quiet title actions differ from claims for canceling instruments and claims for clearing title clouds.

 

What Is The Purpose Of A Quiet Title Action?

Several types of lawsuits involving property titles are distinct from quiet title lawsuits.

• In the first group of lawsuits, cancellation of instrument claims aims to invalidate property records. Such as deeds or other writings established through fraud or some other avoidance.
• The second type of quiet title lawsuit is the claim to remove the cloud of title. Like instrument cancellations, these actions target specific pieces of evidence or instruments.

Unlike a quiet title suit, a modest title suit targets all adverse interests in a particular property. It establishes a property ownership right despite existing adverse claims or clouds on title. This is because every quiet title action seeks to sue all unknown defendants interested in the property, even if they are not named.

As long as the party suing succeeds in their action, the title established by the court is valid and enforceable even against nonparties.

 

Filing of Quiet Title Actions

Quiet title lawsuits challenge any adverse interests in a real estate property. It is an ideal method to establish rights against other attractions in the property or existing titles. A quiet title action involves suing unnamed defendants who claim an interest in the property at issue.

A quiet title action judgment is good against the world if the Plaintiff’s lawsuit is successful. The court will establish its title after the Plaintiff’s case is successful. Some common reasons for filing quiet title actions are as follows:

• Boundary disputes: When border disputes arise between neighbors, the location of the boundary line is in conflict.
• Errors on deed: If an act contains clerical errors that need correction. We can call this type of error an error on the deed.
• Easement on property: Plaintiffs can establish the duties and rights of easements on real estate.
• Lienholder claims: There may be unpaid property taxes or an undischarged Deed of Trust on the property that lienholders claim.

 

Is There A Special Requirement For Bringing A Quiet Title Lawsuit?

Many unique requirements are necessary for Quiet Title actions, making them often considered stringent. Quiet title claims differ from other lawsuits at the outset because they require verification before proceeding.

 

 

The consequences of an allegation not being accurate in a regular complaint are relatively minimal when it turns out that it is not valid. Under the law, however, a verified complaint constitutes an oath to the fact that each allegation therein is true, except in matters pleading on information and belief. Plaintiffs can commit perjury with verified complaints.

The court requires plaintiffs to show reasonable diligence to find potential defendants once the complaint has been filed. Publish the complaint to serve those “unknown” defendants.

If the Plaintiff overcame this hurdle, they would be required to file a particular lien on their property in case of a judgment upon completion of the lawsuit. To serve by publication, they must include a legal description of the property as part of the extra requirements.

A quiet title judgment will only be binding and conclusive if these requirements apply. Last, and most importantly, Plaintiff must demonstrate their right to review rather than by default.

 

Need of a Lis Pendens.

Plaintiffs filing Quiet Title lawsuits must immediately record a Lis Pendens (a Latin term meaning “Litigation is Pending”) with their county recorder, providing notice of their pending claims.

 

How Quiet Title Actions Work?

Filing them in the Superior Court in the county where the real property resides is necessary to bring quiet title actions. Peaceful title actions are complex and generally need detailed factual analysis before litigation.

In addition to the complaint, a Notice of Pendency of Action is filed with the court after completing the pre-litigation study. A Lis Pendens records on a property will alert potential buyers to a pending dispute and likely discourage them from purchasing it.

California Civil Code 761.020 requires that all complaints to quiet title contain the following information:

• An explanation of the subject property;
• The title of the Plaintiff on which a quiet title determination is sought;
• A claim that adversely affects Plaintiff’s title;
• Dates as of which a resolution is sought;
• The Plaintiff seeks to determine whether the adverse claims are against his title.

Following the presentation of all information and claims by all parties involved in the dispute. The court will decide and issue a judgment binding all parties.

 

No Quiet Title Judgment can occur by default.

Getting a judgment by default in a quiet title action is generally impossible. The Plaintiff can, however, request a default judgment if the defendant refuses to appear or respond to the lawsuits in court. This judgment is usually binding if there are no problems serving the papers.

As a result, Code Civ. Proc. § 761.010 is unambiguous and establishes the court will never enter a judgment by default but will always require evidence of the Plaintiff’s title. In this unusual restriction, the decision on quiet title actions becomes final and applies to the world. It is the power of quiet title judgment that drives this restriction.

 

Quiet Title Effects of a Judgment

Providing the Plaintiff fulfills all the procedural requirements specified by the relevant statutes. It provides a clear and marketable title. Nevertheless, the decision does not bind anyone who was not a party to the quiet title action and was interested in the property at the time of the Lis Pendens filing or at the time of the quiet title judgment recording if no Lis Pendens were rubbing.

If, at any time before the judgment takes effect, the Plaintiff was aware of that person’s claim. Or if an inspection of the property would have made the claim apparent. Then the judgment will not be binding against a person who has no recorded claim but is not a party to the lawsuit.

 

Quiet Title Actions Require An Evidentiary Hearing In Open Court.

The appellate court will likely favor the Plaintiff since this is still a hotly debated issue. It is still necessary for the Plaintiff to prove their title to the property in question even if the defendant does not appear in the quiet title suit.

Most appellate courts today view the decision unfavorably. After all, a quiet title action requires the Plaintiff to prove her title and the superiority of this title over the claims of the opposing parties.

Litigants must be careful about the proper procedure when seeking to quiet title if a court refuses to hear evidence on these points. This can result in a void judgment that is unenforceable.

 

Removal of Cloud on Title and Quiet Title

An action against Quiet Title differs from one to remove a cloud from the title. The “removal of a cloud on title” process involves proving that a particular instrument recorded on title to the property is invalid. As a Grant Deed, a Quitclaim Deed, or a Lien requires establishing specific facts to demonstrate the invalidity of a seemingly valid recording.

However, suppose someone possessing the property has no documentary proof of title, and his residence is wrongful. In that case, they can file an action to quit the title based on adverse possession. If they have no documentary evidence of the title.

It is also possible to bring a quiet title action by someone not in custody when the lawsuit arrives. The quiet title lawsuit can determine the Plaintiff’s right to possession and the Plaintiff’s title.

 

Time Frame For Quiet Tales: How Long Does It Take?

In most cases, quiet titles take 8-12 weeks. However, you should not assume that your quiet title is typical! Other factors may affect your quiet title time frame. Depending on the factors discussed below, you can accurately estimate the quiet title timeframe for your case. (This summary relies on California law, but most quiet title lawsuits follow a similar timeline.)

The phases of the quiet title timeline follow below.

A quiet title lawsuit involves a waiting period at each stage. Here are some average time estimates for the quiet title process:

 

Identifying facts and investigating them for 1 to 2 weeks.

Your attorney must first communicate with you, gather facts, and understand the situation. In some cases, quiet title actions are straightforward and routine (like a regular tax sale quiet title action). In other instances, quiet title actions involve dozens of defects, creating a horrible mess.

Your attorney can file your Petition within days if your claims are straightforward. Sometimes, your attorney must conduct extensive title research before filing the Petition. Was your attorney provided a title opinion from a title company, or did he handle the title work himself?

Your attorney can generate a quiet title petition much more quickly if he can rely on title work already done. On the other hand, your attorney will need help to make progress. As soon as he would if he had to spend days researching the county records.

 

Reaction and service: 4 to 7 weeks.

After submitting a petition, it takes your lawyer three more weeks to serve each defendant. Each defendant has 20 days to respond. It may take even longer if any defendants are deceased or cannot be found.

For this reason, the Petition must appear in a local newspaper for three weeks. Once these three weeks are up, the defendants have 20 days to respond. Therefore, it takes at least six weeks for a defendant to serve by publication. Any delays can, of course, extend the service process.

Usually, no one will object to your quiet title claims if you file a calm title merely to cure title issues. You can move on to the next step if each defendant hasn’t responded by the deadline. In contrast, you can expect a long and expensive lawsuit if you file a quiet title action to resolve ownership disputes.

 

Journal entry preparation and filing: 2 to 4 weeks.

A quiet title suit can move on to the final phase if no one objects. For your quiet title action to complete, your attorney will likely obtain a court order known as the “Journal Entry.” The Journal Entry serves as the judge’s official stamp of approval.

The attorney may prepare and file the Journal Entry within a few days. A typical timeline is between 2-4 weeks, but it can vary.

 

Are You Seeking An Attorney To Help You With Real Estate Issues?

There are many types of property-related lawsuits, but quiet title actions are one of them. A case is already highly challenging for a regular person to navigate. So hiring an experienced attorney is often the best thing any potential litigant can do in quiet title proceedings.

Property owners need to seek knowledgeable counsel who has experience with quiet title actions. And also understands the complexities of the process. Our experienced attorneys can assist with quiet title actions.

For more information, or if you have any questions about whether quieting title to your property is possible, how to receive service by publication, or if you need help, please do not hesitate to contact us.