real-estate-blog

Clearing Title Through a Quiet Title Action

A quiet title action may be used to establish ownership and title to property.  This is important and oftentimes necessary when persons improperly claim title to your property.  These adverse claims to  title may prevent you from selling your property as you may face obstacles in obtaining title insurance on your property.  Luckily, you may file a quiet title action in order to clear title.

It’s important to note that there are specific requirements for quiet title actions.  First, the action must be brought in the county where the property is located.  (C.C.P. §§ 760.040, 760.050.)  Second, a quiet title complaint must contain specific allegations, including: a description of the property; the title of the plaintiff as to which a determination of quiet title is sought and the basis of the title; the adverse claims to plaintiff’s title; the date as to which the determination is sought; and a prayer for the determination of plaintiff’s title against the adverse claims.  Third, the complaint must be verified.  (C.C.P. § 761.020.)  Finally, a notice of pendency of action (lis pendens) is required in any quiet title action.  (C.C.P. § 761.010.)  While these requirements are not too complicated, it’s important to remember them because failure to comply with any of the foregoing constitutes grounds to strike the complaint.

There is also no right to jury trial in quiet title actions because they are are equitable actions.  (Estate of Phelps (1990) 223 Cal.App.3d 332; C.C.P. § 764.010.)

Once you obtain a judgment quieting title, the judgment will bind all persons claiming an interest in the property.  (C.C.P. § 764.030.)  It will even bind persons who were not parties to the action if they were not of record at the time you file a lis pendens. (C.C.P. § 764.030(b).)

To inquire about a free consultation regarding a quiet title claim please contact us by calling (310) 954-1877, emailing us at info@schorr-law.com or you can also fill out the form on this page.

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