Legal Question in Real Estate Law in California

There is no standard or mandatory form, if that is what you are looking for. There are a lot of rules to follow, and I am not going to list them all here. I suggest going to the law library and reading up on the subject. Some of the good guides are Matthew Bender and Miller & Starr, both of which have chapters discussing the procedure and the nature of the remedy.

Be careful.

With any lawsuit, it is important that you allege each element of each cause of action. An action for quiet title is no different. If your allegations are not technically correct, a defendant can challenge your lawsuit, without even opposing it. For example, any defendant can file something called a Demurrer, which indicates that the Complaint is legally insufficient. If the court agrees, you may need to amend the Complaint or, worse, you can completely lose the case. It is also common to challenge a Complaint with a Motion to Strike all or portions of it.

With either a Demurrer or a Motion to Strike (or other possibilities), you will need to analyze the defendant's papers and file papers in opposition.

The format for your Complaint and the various motions and oppositions can be found in law libraries, but these are just guides to properly formatting the papers. The actual content comes from statutes and precedent. That's what an attorney is for.

Beyond the actual Complaint, in a quiet title action, you need to be concerned about what parties are required. For example, you would ordinarily be required to name every person and entity which appears on the title, even if that person or entity did nothing wrong. The people and entities on title may be owners, past - present - or even future, lenders, judgment creditors, lien holders, easement holders, and a vast array of others. You will need to do a thorough search with your County Recorder to make sure that everyone who is on title and needs to be in the lawsuit are accounted for. Whether someone needs to be in the lawsuit is another one of those issues that are determined by statute and precedent.

You may also find it useful to record a Notice of Lis Pendens. Under the correct circumstances, this Notice will let the world know that the title is in dispute, so anyone who purchases the property or lends money against the property will know that you may have a superior claim. As a practical matter, the Notice of Lis Pendens frequently stops the property from being sold or used as collateral for a loan because nobody wants to take an interest in the property with your prior claim.

I hope I have given you some idea of where to start with your quiet title action. You should consider the issues that I discussed in this memo, but I really encourage you to get an attorney. A private attorney may be expensive, but, if you are trying to establish your interest in some real estate, there may be a lot of money at stake, so the investment in a good lawyer may be justified.

What are your grounds for quieting title? As Mr. Saltzman's answer describes, this is one of the most technically difficult cases to prosecute, but not always difficult overall. It depends very much on the grounds for your action and the basis for your claim to title.

What is the basis for your quiet title? I have done quiet titles, and they go from simple to tricky.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

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