Quiet title is is a lawsuit that is brought in order to establish a party’s title and ownership to real property as against anyone and everyone else. In other words, a person brings a quiet title claim to quiet any challenges or claims to title. At Schorr Law our attorneys typically see quiet title claims where there is an ownership dispute between two or more persons or entities claiming ownership in a specific piece of real property. One of the best ways to solve these types of ownership disputes is for a party to to file a quiet title claim to have the court declare the ownership rights once and for all.
Quiet title claims also come up in other contexts. For example, a common quiet title claim that our real estate attorneys see is a quiet title claim to simply clear a lien affecting title to property. If an owner of real property is looking to sell the property but there is a senior lien on the property (a lien recorded before the owner’s claim to title or a lien having priority for some other reasons) then the owner can bring a lawsuit to clear the lien. The owner has to take such action, because if the owner does not clear title it will not be able to deliver a title policy to a potential buyer, who in turn, will not be able to obtain a loan secured by the property without a valid title policy. This type of quiet title lawsuit is an equitable suit whereby the litigant asks the court to remove the lien that is affecting title or clouding title. In that scenario, the litigant will have to sue the lien holder whose lien is affecting title to the property and all known an unknown persons who may claim an interest in the property. The litigant will have to serve the lienholder and give the lienholder the opportunity to defend against the claim.
Our Los Angeles based real estate attorneys have experience with quiet title claims throughout Southern California. A few examples include:
- A quiet title claim filed by 2 holders of an interest in a Palm Springs property to establish their right title and interest in the property after a third owner tried to divest them of their interest;
- A quiet title claim against 3 lenders, commercial and private, after the lenders failed to reconvey deeds of trust on the property; and
- A quiet title claim by borrowers after a lender foreclosed on real property despite lender’s assurances that it would not foreclose.
Quiet title claims, unlike many general civil claims or other real property related claims, have specific requirements for filing the complaint and proving up the case. In many cases, a litigant seeking to quiet title will obtain a litigation guarantee from a title company to ensure that it has an accurate listing of all liens affecting the subject property.
The attorneys at Schorr Law have the specific experience and skill to quiet title to real property in the most efficient manner possible. For a free consultation on your quiet title claim (excluding foreclose related claims), contact the quiet title attorneys at Schorr Law, www.schorr-law.com, firstname.lastname@example.org, 310-954-1877.