Legal Question in Real Estate Law in California

Re: quiet title

A quiet title action is a lawsuit which is brought to establish the validity of liens on real property. If there is a question about a mortgage, lien or other "cloud" on the title (such as a break in the lines of succession of ownership) the lawsuit seeks to establish which of the liens are valid. There is a trial and the judge and/or jury make a decision based on the evidence placed before them.

If a quiet title action is filed, the party claiming to have the lien must prove the validity of the lien through proper documents. Generally, a written document, signed by the party against whom the document will be enforced (i.e., whoever borrowed money on a mortgage) and the document must be signed in front of a notary, properly notarized and filed with the county recorder. The lien holder must also show that the lien has not been satisfied or released.

The party claiming that the lien does not exist must prove that there is a material error in the above list, or prove the lien was paid or otherwise released.

This kind of suit often involves finding people who participated in the filing of the lien or related contracts or documents.