Updated on April 1, 2022
Quiet title cases involve clearing title to real property. In other words, they are actions to the declare ownership rights (or lack thereof) to real property. Sometimes our real estate attorneys are brought into these types of actions where there is a need to clear title or remove an old lien that may have been satisfied.
The problem with old liens is that it is sometimes hard to locate the lienholder (or the lender) because the lender may have gone out of business, may have died or simply may have moved “off of the grid”. This is very common. Even after we serve the lien holders with the quiet title claims, they sometimes still do not respond. This results in what is called a default judgment.
Unlike most civil claims, where default judgments can be proven to the court through declarations and on paper, default judgements require an actual prove up hear – live testimony. In fact, Code of Civil Procedure section 764.010 requires an open-court evidentiary hearing on the merits in which even the defaulting defendant may participate and offer evidence.
This is an extra step in quiet title default judgment cases, but an extra cautious procedure to make sure rights in real property are not extinguished without evidence is a good thing. Schorr Law has great experience in quiet title matters, whether it is removing an old lien, clearing title, and more. For help with your quiet title claim, please do not hesitate to contact the Los Angeles Quiet Title Attorneys at Schorr Law, by emailing us at [email protected], or calling (310) 954-1877.
You can also send us a text to (310) 706-2265 or use our Contact Form to send us a detailed message. Contact us to see if you qualify for a free 30 minute consultation and initial case evaluation for your quiet title matter.