CAPSULE ARTICLE ON UNDERSTANDING QUIET TITLE LAWSUITS.
Author- Nate Bernstein, Attorney at Law
When you have a dispute as to the state of the title for a residential real property or commercial real estate, or an unfriendly person or entity is making a legal or equitable claim against your title, you can file a "quiet title" lawsuit in the Superior Court where the property is located to resolve the claim.
The claim can also be brought in conjunction with other claims, such as fraud, a claim for cancellation of an instrument, or declaratory relief. In a declaratory relief action, for example, the court has the power to determine the contractual rights of the parties as of a certain date.
In a quiet title lawsuit, you can also litigate a claim relating to a fraudulently executed or recorded deed of trust mortgage document.
In the quiet title lawsuit, the Court will determine the state of the title as of a particular date, and has the power to clear title. Title disputes can be adjudicated in an orderly manner without infighting or shouting matches.
When this lawsuit is filed, you also record a lis pendens at the County recorder's office. The term "lis pendens" is a latin term for "action pending." The lis pendens lets the world know that a lawsuit is pending, and that any subsequent grantee, subsequent purchaser, or lender, takes title subject to the claim. Generally, a lender will not make a loan secured by a title that is subject to a lis pendens.
The claim can also be brought in conjunction with other claims, such as fraud, a claim for cancellation of an instrument, or declaratory relief. In a declaratory relief action, for example, the court has the power to determine the contractual rights of the parties as of a certain date.
In a quiet title lawsuit, you can also litigate a claim relating to a fraudulently executed or recorded deed of trust mortgage document.
In the quiet title lawsuit, the Court will determine the state of the title as of a particular date, and has the power to clear title. Title disputes can be adjudicated in an orderly manner without infighting or shouting matches.
When this lawsuit is filed, you also record a lis pendens at the County recorder's office. The term "lis pendens" is a latin term for "action pending." The lis pendens lets the world know that a lawsuit is pending, and that any subsequent grantee, subsequent purchaser, or lender, takes title subject to the claim. Generally, a lender will not make a loan secured by a title that is subject to a lis pendens.
The quiet title action is important, if an owner wants to determine that he or she has superior rights to the title of a particular parcel of real property in comparison to other claimants. Establishing a clear and marketable title is also crucial for receiving future financing, or for making a marketable future transfer by trust or will. It is also important to have clear title if you start an eviction lawsuit- also known as an unlawful detainer action.
In reality, many quiet title lawsuits are settled after the case is filed prior to trial. Cases often settle in mediation, and sometimes, when the defendant fails to defend the action , and a default is filed. Because of the intricacies of the court process, you should retain experienced counsel to represent you in the quiet title action.
If you have a question pertaining to your quiet title action, or you want to retain counsel to defend a quiet title action, please contact Nate Bernstein & Associates for a professional consultation. Also, please check out www.quiettitleattorney.com.
Nate Bernstein, ESQ., a member of the state bar of California and the los angeles county bar association, and is the principal of Nate Bernstein & Associates, a law firm located in Encino, California which concentrates in the areas of complex real estate litigation, commercial litigation, and bankruptcy matters. Mr. Bernstein can be reached at (818) 995-9475 and THE E-MAIL ADDRESS OF natebernstein@netzero.net. THIS TESTIMONIAL DOES NOT CONSTITUTE A GUARANTEE, WARRANTY, OR PREDICTION REGARDING THE OUTCOME OF YOUR LEGAL MATTER.
A quiet title is a lawsuit that is filed to "quiet" other individuals who may contest your ownership of property. With a quiet title judgment in hand you will be able to obtain title insurance for real property.
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