Los Angeles Quiet Title Actions Attorney
Quiet title causes of action arise when multiple parties claim ownership of or title to a property, and an owner seeks a declaratory judgment from the court “quieting title.” Traditionally, quiet title causes of action were between co-borrowers, co-owners, lien holders, or family members who disputed each other’s’ contributions and interests. In a non-judicial foreclosure state such as California, a quiet title cause of action can also be used to challenge lenders and trustees who appear on a borrower’s deed of trust but no longer retain any interest or no longer exist.
Under California law, a lender may challenge a borrower’s right to quiet title by demanding that the borrower first tender the full amount of the loan. This does not occur when borrowers seek to quiet title against non-existent beneficiaries who sold the loan, yet remain on the deed of trust. If a borrower is successful in quieting title against a nonexistent beneficiary, that borrower may also request an expungement of the deed of trust that was originated in that defendant’s name. This quiet title judgment and expungement is good against all subsequent beneficiaries who may claim they were assigned the loan.
Through quiet title actions, our experienced team at Advocate Legal helps homeowners protect their homes when lenders do not have legitimate claims to title. In our initial evaluation, we look at all the factors surrounding your property and help you determine whether a quiet title cause of action is the appropriate course. When it is, we have the resources and litigation skills to guide you through your lawsuit.
Quiet title actions: the process
Knowing what happened to your loan — whether it was sold, securitized, lost or written off — is an important aspect of foreclosure defense. A quiet title cause of action works to clarify legal ownership of the property when there is a cloud on title or ownership is in dispute. A quiet title judgment can provide you with clear title, allow you to expunge fraudulent or outdated deeds, give you release from liens and force your lender to modify your loan.
A lawsuit for quiet title must be brought in local Superior Court. To begin the lawsuit, the plaintiff (the lender or homeowner) files a complaint with the court followed by a Notice of Pendency of Action (a Lis Pendens) that is recorded with the county recorder and filed with the court. The complaint must be verified, meaning that the plaintiff must swear that his/her information is true, and the complaint must cover several requirements:
- A description of the property at issue, including both legal and actual descriptions
- How the plaintiff’s title was obtained and facts supporting the claim to title
- Any adverse claims to the title claimed by the plaintiff
- Whether title is being determined as of the date of the complaint or another date
- A prayer for the determination of the plaintiff’s title against adverse claims
In response to the complaint, the defendant files an answer, which also must include certain required information:
- Defendant’s claim to title
- Facts in dispute
- Statement of any new information creating a defense
Once both sides have presented their information and claims, the court makes a determination and issues a judgment binding on all the parties.
Quiet title is a complex legal cause of action that requires the experience and resources of skilled lawyers. The originator of your deed of trust may be out of business, and there may be no other assignments recorded. Quiet title is a legal cause of action that rests on the documents recorded with the county recorder.
The first thing we do at Advocate Legal is to investigate your loan starting with your original deed of trust and all the documents recorded after. Through further investigation by a securitized (sometimes called a Bloomberg) audit, we may discover unrecorded assignments and uncover what actually happened to your loan including lender violations and other information that may help clarify your claim.
Contact attorneys with the experience and dedication to get results
With decades of experience that include real estate matters and strategic litigation, our attorneys at Advocate Legal are committed to providing you with straightforward advice and guidance throughout your case. To learn more about how we can help, contact us online or call us at 800.846.0390 FREE today.