A quiet title action is a legal case brought to establish who owns a piece of real estate, when there are multiple parties claiming to own the real estate, or a portion of it.
Often, quiet title actions are between co-owners, co-borrowers, or members of the same family who dispute who owns an interest in the property. Also, in California a quiet title case can be used when lenders and trustees are on a borrower’s deed of trust (mortgage), but who no longer have an interest in the property.
What a quiet title action does not do is to determine a piece of property’s boundaries, or to cancel any legal instruments that put a cloud on the title. To cancel a cloud on the title, the property owner must file an action to remove a cloud on the title.
In California, a lender can challenge a borrower’s right to quiet title. This is done by demanding that the borrower pay off the full amount of the loan.
However, if the situation is one in which the lender is non-existent and sold the loan to another party, but is still on the deed of trust, that lender cannot challenge the action. If the borrower is successful, he or she can request that the deed of trust in that lender’s name be expunged.
A quiet title action can be brought by any holder of any interest in the land, not just title to the property, but also a lease, a license, an easement, or a claim of title by adverse possession.
The party who brings the quiet title action will direct it at a person or entity who is claiming an adverse interest in the property.
Quiet title actions are filed in the local Superior Court in California where the real property is located, or where any portion of the property is located.
The plaintiff must file a complaint with the court, and must give a description of the property, how the plaintiff’s title to the property was obtained, a list of adverse claims, whether title is being determined as of the date of the complaint, or another date, and a request that the plaintiff be given title to the property against the adverse claims.
The defendant can then file an answer, which will allege any disputed facts, how the defendant has a claim on the title, and any other defenses to the case.
The plaintiff must also give a notice of pendency of action, which is a notice of the pendency of a case in which a real property claim is alleged. This notice gives constructive notice to any buyers of the property or to anyone who has an interest in the property of the pending action.
The notice of pendency of action gives a method of notifying everyone about the case, and to warn them against any attempt to obtain an interest in the property.
After all the paperwork is filed with the court, a judge will determine who the correct owner of the property is, and will issue a binding judgment about the property ownership. The judge will order a hearing, at which both sides can present all of their information about the property and claims to the property.
The judge will then make a ruling about the property ownership. There is no right to a jury title in quiet title action.
It’s a bad idea to attempt to bring your own action to quiet title, without the help of a skilled real estate attorney. Although there are some legal matters that can probably be done without the help of an attorney, a quiet title action in California is not one of them.
A quiet title action can be complex. The party who originated your deed may be out of business. There may be other assignments that have not been recorded, that could affect the ownership of your home. You may not be aware of all of the parties which claim an interest in your property, and you may not properly allege the facts to establish your property ownership. It’s best to talk with a skilled and knowledgeable California real estate attorney about your quiet title action, rather than attempting to do it yourself.
If another party is asserting an adverse claim of possession or ownership over your property, call East Bay real estate attorney Robert Levy at 510-465-0025. He has extensive experience in real estate matters, including quiet title actions, and will provide you with a free initial phone consultation.