Quieting title is the process through which a party tries to resolve disputes concerning the legal right, ownership and use of real property. At Schorr Law, we view it as a catch all term to some degree or an umbrella term for actions to resolve competing interests in real property.
Here are a few things to consider before quieting title to real property:
Do you have a title report? If you have a title report you have a general understanding of the competing claims to the real property. Without such a report, you may be left guessing as to what claims have already been legally recognized. Usually, when you purchase property you will have obtained a title report – so check your files.
Quiet Title Complaints Must Be Verified. There is a special requirement, unlike many other types of real estate lawsuits, that complaints to quiet title must be verified. This means that the plaintiff must declare that the factual allegations in the complaint are true under penalty of perjury.
You Should Record a Lis Pendens. A lis pendens is a lien on title that puts the world on notice that there is an action pending concerning the property. Without a lis pendens the party seeking to quiet title has no insurance that when they ultimately obtain a quiet title judgment the property’s interest will still be the same as when the plaintiff started the action.
There are many more considerations when quieting title to real property. Fortunately, over the past decade Schorr Law has constantly and consistently litigated quiet title actions in Los Angeles, Palm Springs, Riverside County, San Bernardino County, Ventura County and throughout Southern California.
A few examples of Schorr Law’s successful representation in quiet title matters include:
Bringing a quiet title action to claim an interest of a long term girlfriend/boyfriend who was not listed on title but purchased the property with their significant other;
Quieting title to clear old bank liens that were negatively impairing title;
Bringing a quiet title action to help a relative be added to title when they contributed to the property but were not on title due to bad credit;
Brining quiet title actions to help clear fraudulent encumbrances;
Bringing quiet title actions to undue fraudulent transactions;
And quieting title with respect to competing easement claims.
For help with your quiet title matter, please contact the quiet title attorneys at Schorr Law, APC, (310) 954-1877, [email protected], or by filling out the contact us box.