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Filing A Quiet Title Action In California

  • Published: April 5, 2023
Filing A Quiet Title Action

The following article will cover:

  • Quiet title action definition and purpose.
  • The process for filing a quiet title action in California.
  • Potential outcomes and the role of an attorney in quiet title actions.

What Is A Quiet Title Action?

A quiet title action refers to a legal proceeding in which one party seeks to confirm their title to a property. This typically occurs under various circumstances, such as:

  • Presence of a lien on the property that should not be there.
  • Incomplete transfer of title.
  • There are multiple parties on a deed, but not all of them have signed off on the transfer.
  • Belief of ownership interest without proper title transfer.

The primary reason for a quiet title action is to resolve issues with incomplete ownership or the presence of liens that should not be on the property.

Why Does Someone Need To File A Quiet Title Action In California?

In California, a quiet title action is necessary for removing an individual or a lien that should not be on the property title.

Who Files For A Quiet Title Action?

Filing for a quiet title action can be initiated by:

  • The property owner, to remove an unauthorized person or lien holder from the property.
  • An individual who believes they have an interest in the property but lacks a recorded interest, seeking to be added as a lien holder or title holder.

What Is The Process For Filing A Quiet Title Action In California?

To file a quiet title action in California, you must:

  1. File a verified complaint in court, including the property’s full legal description.
  2. Have the complaint verified by the person seeking the quiet title action.
  3. Record a Lis Pendens against the property.

What Are The Potential Outcomes To A Quiet Title Action In California?

The potential outcomes of a quiet title action are similar to any litigation: you may win or lose. If you prevail, the judge may:

  • Grant an order removing the unwanted interest from your property, which would then be recorded to notify the public.
  • Grant an order allowing your interest to be recorded against the property, recognizing you as a title holder.

How Long Does A Quiet Title Action Take In California?

A quiet title action in California can take a few years if the entire legal process is required. It is possible with proper legal representation to settle the dispute short of or during litigation.

Do I Need An Attorney To File For A Quiet Title Action?

While it is not legally necessary to have an attorney for a quiet title action, it is highly recommended due to the complex nature of the process. Hiring an attorney can help you navigate the intricate litigation matter more effectively.

For more information on Filing A Quiet Title Action In California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (714) 881-5200 today.

September Katje, Esq.

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Ms. Katje earned her Juris Doctorate at California Western School of Law, San Diego, California, graduated Cum Laude and was a Dean’s Honor List recipient. She was also a recipient of the American Jurisprudence Award in Contracts I and Contracts II. Ms. Katje was a member of the Law Review and International Law Journal at California Western School Law, where she was an Associate Editor.

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