Real Quiet Title Case Example

Real Quiet Title Case Example

Updated on September 28, 2023

In this next episode of the Schorr Law Chronicles, we will be discussing a real quiet title case example that Schorr Law represented a client in. Please note that while the experience written henceforth is real, in order to protect people’s privacies, the names have been changed. That said, everything here is public record and took place in a public proceeding.

A Real Quiet Title Case

At Schorr Law, APC, we handle all types of real property disputes, including disputes involving title and ownership of real property. One type of title and ownership dispute we encounter often are disputes between family members about the true ownership of real property. Given the relationship between the parties, these disputes often tend to be the most contentious (and heartbreaking).

In a recent matter we handled, we helped a father, Roy, recover valuable commercial property that he had put in his son’s, Mark’s, name. Roy and his then business partner had purchased the subject property back in the ‘90s to operate as an auto mechanic/body shop. Through an unfortunate series of events,  Roy’s business partner died and he was faced with the difficult task of shouldering the responsibility for the property, the loans encumbered by the property, and running a new business. Unable to juggle all of these issues at the time, one of Roy’s lenders foreclosed.

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The Deal

Luckily, Roy was able to negotiate a deal with the foreclosing lender to re-acquire the subject property. At the advice of a lawyer, Roy re-acquired the property with the help of family, who agreed to hold title to the property on his behalf while Roy would be responsible for purchase price, loan payments, and all property expenses and retain the beneficial ownership interest in the property. Indeed, Roy continued to operate his auto repair business at the property, lease out the property, and pay for any and all property expenses. This arrangement continued for almost 2 decades without incident.

At some point, the family members on title decided they wanted to terminate the arrangement. Roy initially wanted to place his name on title, but his wife disapproved, citing the advice they had received from the lawyer when they bought back the subject property after foreclosure. As a result, Roy decided to approach his son, Mark, to hold title on his behalf through a limited liability company. Mark agreed, and the family members transferred title to Mark’s company. Roy continued to remain in possession of the property and pay all property expenses and retain the beneficial interest in the property. Though, on paper, it looked like the Mark’s company had purchased it and become the owner.

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Quiet Title Litigation

Unfortunately, Roy and Mark had a falling out. At that point, Mark reneged on the deal and sought to evict Roy from the property. This forced Roy to file a lawsuit and hire Schorr Law to protect his ownership interest in the property. Schorr Law filed a quiet title lawsuit on behalf of Roy.

After contentious litigation, Schorr Law ultimately helped Roy prevail at trial. The Court found that Roy was the true owner of the property, even though the Mark’s company was on record title and appeared to have purchased the subject property on paper.

Schorr Law, APC has extensive experience handling all types of property ownership disputes involving title to real property. To schedule a consultation with one of our attorneys to get a case evaluation, please call us at (310) 954-1877, text us at (310) 706-2265, or send us a message here.

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