New York Complaint to Confirm Title

State:
Multi-State
Control #:
US-01247
Format:
Word; 
Rich Text
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Description

This form is a sample civil complaint to confirm title in real property. It will need to be adapted to fit your facts and circumstances, and to comply with your state's procedural law.The form is a useful model from which to base your complaint.
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FAQ

A slander of title will generally occur where one maliciously seeks to disparage another's interest to property, to make it unmerchantable, by recording an instru- ment whereby the maligner purports to have some interest in the property.

The Elements of Slander of Title The defendant published a statement about the plaintiff's property. The statement was untrue. The defendant knew or should have known the statement was untrue. The statement was of a disparaging nature that could foreseeably impair the value of the property in the estimation of others.

If you want to claim ownership over someone else who has a claim to a specific property, you'll file a quiet title action in court. In matters of real estate law such as this, you're the one filing the lawsuit so you're the plaintiff. The defendant is anyone who might also have a claim to the property.

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.

Slander: False or malicious statements that are insulting or belittling and hurt a person's reputation. See libel. libel: False and malicious (lies) written or published material that is defamatory (insulting) and hurts a person's reputation.

Alternatively, it is casting aspersion on someone else's property, business or goods, e.g., claiming a house is infested with termites (when it is not), or falsely claiming ownership of another's copyright (what allegedly occurred in the SCO v. Novell case). Slander of title is a form of jactitation.

Elements of slander of title. In New York, a cause of action for slander of title requires (1) a communication falsely casting doubt on the validity of the proper owner's title, (2) reasonably calculated to cause harm, and (3) resulting in special damages. Slander of title is also known as disparagement of title.

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New York Complaint to Confirm Title