Understanding the Role of Quiet Title Litigation Attorney
Does someone own title to a real estate property that is yours?
Is there a loan or other encumbrance on your property that does not belong there?
Are you entangled in these legal disputes and still hesitating whether to contact real estate lawyers or not? Let our Quiet Title Litigation Lawyers help every step of the way
A Quiet Title Lawsuit is a popular way of disputing Title to Real Property in California and requires experienced litigation Attorneys to defend your rights. Our team of real estate Southern California lawyers can argue set-offs, accounting of the proceeds from rental properties, invalidate fraudulent liens on the property and force a sale or buyout of another person’s interest if you are also on the title or have a right to the title.
An ‘action to quiet title’ refers to a lawsuit that field to legally establish the ownership of a property whether it is a land or any building affixed to it. This is a legal mechanism that is established to grant an individual a clear title when it is highly possible to have more than one claim for ownership. Hence, the concept is to ‘quiet’ all the other claims once the real owner has been established. Another benefit from this action is that it effectively puts any claims to rest especially when there have been several unclear transfers of the properties.
Removal of a Cloud on a Title
This suit is also referred to a mechanism that removes a cloud over the title. The cloud pertains to the claim of complete or partial ownership of the property. A title is considered clouded if the recipient or buyer of a specific property. There are instances when a landowner may file this in order to protect his or her property against any future claims.
Many owners opt for cloud removal so as to clear up any lingering problems by obtaining a quitclaim deed. This now refers to the guarantee that past owners relinquish any and all claims to a specific property, although he or she does not pledge that the title is absolutely clear.
When one property is purchased using a quitclaim deed, it is highly recommended that the new owner requests the help of quiet title litigation attorneys the as soon as possible. This would secure him of sole ownership which cannot otherwise be provided by the quitclaim deed alone. Once this is obtained, the owner can now utilize the property any way he or she wants as long as it is allowed by the existing laws.
In general, this action can be filed by any holder of interest in the said property, whether the title refers to the property itself, a license, a lease, an easement of a title that as been possessed adversely. The plaintiff should demonstrate keen legal interest and not necessarily an equitable interest. Note that there could also be exceptions in certain cases. In filing for the action, it is highly suggested to hire the best quiet title lawyers in California to be guided throughout every phase.
How to Win the Case with the Help of a Quiet Title Litigation Attorney
So, you have purchased a new property, now the next step is to get a quiet title for your protection. You, as the claimant, should present a request of decree from the local court that has the jurisdiction over your property. You need to provide the court with the legitimate claim to the property in question. Furthermore, it is essential to prove that the property is purchased in good faith and that you have no idea whatsoever about all the other existing claims.
When quieting the title of a property becomes the main issue, based on the motion of any of the parties or its sole discretion may require that the problem is resolved pursuant to the provisions associated with the lawsuit as stipulated in the Code Civil Proclamation.
The suit must be presented in the superior court of the specified county where the property in question is located. Once the action has to be brought before the court, the court now has the complete power to judge and determine the resolution to the title issue.
What Are the Pleading Requirements
A quiet title action complaint must all be verified. Each action should contain the following pertinent information. First, there should be a clear description of the subject or the piece of property. The description must be legal in nature and should include the complete address plus any common designation associated with it.
Second, the complaint must also indicate the title of the main plaintiff. On the other hand, if the complaint is based on the so-called adverse possession, then the complaint must indicate the specific facts that constitute the adverse possession.
The complaint must also indicate the adverse claims to the title of the plaintiff. The date should be a clear indication from which the determination for a clean title is sought. Lastly, the plea for the determination of the title’s owner as opposed to the adverse claims should also be stipulated.
Another common question related to the pleading requirement is the length of the legal procedure. On average, it typically takes about 8-10 weeks to complete a title. However, depending on several external factors that may surround the dispute, Court rulings on specific legal matters surrounding the document may also be a factor. To understand what the contributing factors are such rulings, it is recommended to seek legal assistance from the best quiet title litigation lawyer in California.
Notice of Pending Action (Formerly known as the Lis Pendens)
A notice of pendency of the action is likewise one of the primary requirements. This is a notice where the property claim has been alleged. This notice is formerly known as Lis Pendens and is provided to offer constructive notice to the buyer of the property and other encumbrances. The fundamental purpose is to inform these individuals that there are existing pending actions which may affect the title or the possession.
This would also allow these parties informed to subsequently find notice of pending litigation in the office of the recorder where the property is located. The notice also serves as a warning to the parties against any possible attempt to acquire an equitable interest in the said property.
A quiet title action is considered an equitable action which means that it does not hold any right to a jury trial. As an equitable claim, there could be equitable defenses that may be asserted against the claim. However, if the plaintiff has no other possession then filing the action to recover the possession, then this is considered legal. To help you in the process, it is advised that you seek legal assistance from the best quiet title attorney who has extensive experience in this type of lawsuit.
Why Choose Our Quiet Title Litigation Attorneys?
This type of case may be complex and several documents may be needed. It is crucial that you are guided by quiet title attorneys who are highly knowledgeable on the matter. To truly enforce your rights you need Litigation & Trial Attorneys who are familiar with large amounts of discovery, experts, appraisers and the mediation process.
Here at First Recovery Team, each of our litigation lawyers has litigated and gone to trial in a number of Quiet Titles, Partition and more. In addition, our Real Estate Southern California Attorneys have litigated extensively against all of the top five Banks. These Banks hire the best lawyers to defend them and First Recovery Team have succeeded in beating them in court and on Appeal. Our Quiet Title Litigation Lawyers use the strategies learned in these complex quiet title lawsuits in all of our cases so that our clients get the best representation possible.
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