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A quiet title action is initiated by a person(s) (the plaintiff) who feels they have ownership interest in the land but are uncertain about the ownership interest of others.
An answer in a quiet title action must also be verified, and must describe any claim that the defendant has to the real property, as well as any facts tending to controvert the material allegations of the complaint and new matter constituting a defense. See Cal. Code of Civil Procedure section 761.030.
Generally, Superior Courts where the subject property is located have jurisdiction to hear quiet title cases. Court venue is assigned by the zip code of the property. In certain limited circumstances, Family law courts may take jurisdiction of quiet title actions if the claim relates to a dissolution action.
Why would a property owner file a quiet title suit? A buyer has signed a contract to purchase a property but is uncertain of the condition of the title.
A complaint to quiet title must be verified and must contain all of the following information [Code Civ. Proc. §761.020]: 1. a description of the property that is the subject of the action.
Quiet title actions are common following mortgage lender disputes, the death of title owners, cases of adverse possession, and long periods of time where the property is unoccupied. A quiet title action may not give the new owner the same level of protection against the previous owner.
A quiet title action is a legal proceeding used to establish clear title against adverse claims to real property. Quiet title actions in California are governed by Cal. Civ. Code §760.010 ? 765.060.
Special Requirements for Bringing a Quiet Title Action in California Description of the issue property. Title of the Plaintiff that requires determination. Adverse claims to the title held by the Plaintiff. Date as of which the quiet title determination is sought.