Has someone made a competing claim to property you own, or have you discovered defects or issues on your property’s title? You can resolve these challenges through a quiet title action. However, succeeding in an action will require compelling evidence and arguments. Let a real estate attorney from BoyesLegal, APC advocate for your rights and interests. Our firm offers high-quality legal representation to property owners in San Jose, bringing knowledge, creativity, and dedication to every case we handle. We have the resources to handle the most complex matters while providing personalized service to every client.
Contact us today for an initial case review with a San Jose real estate lawyer to learn more about quiet title actions and how they can help you protect your ownership rights.
Understanding Quiet Title Actions
In California, a quiet title action is a legal proceeding where a court determines a plaintiff’s title against the claims of any defendants in the action. A party who owns property or claims title can file a quiet title action to resolve title disputes, such as competing ownership claims, breaks in the chain of title, or outstanding recorded liens. The court’s judgment will establish the current title status, potentially giving a party to the action a clear, marketable title.
A party filing a quiet title action must name one or more parties with a competing title claim or another interest in the property (such as a mortgage holder). The party seeking to quiet title must present evidence and testimony to establish their title claim. California courts cannot grant default judgment in quiet title actions simply because the defendant(s) failed to appear or respond to the action.
Common Reasons for Quiet Title Actions
Some of the most frequent reasons for quiet title actions include:
- Title disputes: Parties claiming title to a property may resort to a quiet title action to have the court determine the correct title.
- Errors in public records: A quiet title action can help correct scrivener’s errors or other title mistakes in the public record.
- Fraudulent claims or forged documents: Property owners can file quiet title actions to address forged documents in the public record and fraudulent property ownership claims.
- Adverse possession claims: A party claiming title through adverse possession may file a quiet title action to establish their title through a court judgment; conversely, a property owner can file a quiet title action to establish that a trespasser has not established title through adverse possession.
- Inheritance issues: Quiet title actions can help resolve disputes over the inheritance of a decedent’s property.
- Lingering mortgages and liens: A property owner can file a quiet title action to remove old mortgages or liens remaining on their property’s title by presenting evidence of satisfaction of the mortgage or lien. Clearing discharged liens through a quiet title action will give a property owner a clear, marketable title to sell the property or borrow against their home equity.
What to Expect in a Quiet Title Action
A quiet title action begins when a plaintiff files a complaint in court in the jurisdiction of the subject property’s location. When a plaintiff files a quiet title action, they must name one or more parties with a competing claim to the title as defendants; plaintiffs must also notify other interested parties, such as lienholders, about the action.
Before trial, the parties may engage in pre-trial practice, including discovery (where the parties exchange evidence or depose witnesses) and pre-trial motions to admit/exclude evidence.
If a quiet title action reaches trial, the court will hold a hearing where the parties can present arguments, evidence, and witnesses and cross-examine the opposing side’s witnesses. Following the parties’ presentation of evidence, the court will consider the evidence and the applicable law to issue a judgment that determines the property title’s current status, potentially granting one party clear title.
How Long Does a Quiet Title Action Take?
Although the average quiet title action lasts approximately six months, many actions can take shorter or longer due to various factors. Here are some circumstances that can affect the duration and timeline of a quiet title action:
- The complexity of the case, including the novelty of the legal issues involved, the amount of evidence presented by the parties, or the scope of the dispute (e.g., multiple parties claiming title)
- The cooperation of the parties, as a party can slow down litigation through discovery requests or motion practice
- The court’s schedule and availability, as court backlogs can delay the start of trial in a quiet title action
Benefits of a Quiet Title Action
Filing a quiet title action can give you the benefit of:
- Establishing clear ownership rights via the court’s judgment
- Removing clouds on title so property owners can obtain financing/refinancing or sell their properties
- Preventing future ownership disputes, such as disputes among heirs or claims filed by putative adverse possessors
- Confirming the marketability of title and thereby increasing property value
Do You Need an Attorney for a Quiet Title Action?
Although a natural person does not need to hire an attorney to file a quiet title action (business entities like corporations or LLCs must appear in court through legal counsel), having a knowledgeable real estate litigation lawyer representing you during a quiet title action can help you protect your rights and interests and pursue a favorable outcome to the action. A legal representative can also take the stress of the legal process off your shoulders by handling all the details of your case, including:
- Investigating your case to obtain evidence, including public records, deeds, contracts, photographs, and witness testimony
- Evaluating the facts and evidence to advise you on your rights and options
- Helping you understand what to expect in a quiet title action and the potential outcomes of the case
- Handling pre-trial proceedings, including possible settlement negotiations and pre-trial motions
- Presenting a compelling argument at trial to advocate for your property rights
Contact Us Today to Discuss Your Rights and Options
When a title dispute concerning your property arises, a quiet title action can protect your rights and interests. Contact BoyesLegal, APC today for an initial consultation with a knowledgeable real estate attorney to learn more about quiet title actions and to discuss your options for resolving your title dispute.