South Carolina Complaint to Adjudicate Title

State:
Multi-State
Control #:
US-01588
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample civil complaint for a lawsuit to adjudicate title. 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 defendant shall serve his answer within 30 days after the service of the complaint upon him, unless the Court directs otherwise when service of process is made pursuant to Rule 4(e), and provided further that the State of South Carolina shall answer or otherwise respond to an application for post-conviction relief ...

When there is a defect in title, a person or entity can bring a ?quiet title action? to cure such defects by requiring a court to eliminate any other interest claimed by other persons or entities. Such defects in record title can arise out of missing or deceased parties with rights to the property.

The need to ?quiet title? to real property often arises when someone has recently purchased property without the benefit of a title search; for example, when purchasing property at tax sale, in a foreclosure auction, or at an estate sale.

Quiet Title Lawsuits in California Quiet title action represents a legal proceeding whereby an entity or person claims title to a portion or all of a specific real property. The Plaintiff asks the Court for a ruling that their title is superior to any other interest claimed by the Defendant.

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.

Deed signed by mistake (grantor did not know what was signed) Deed executed under falsified power of attorney. Deed executed under expired power of attorney (death, disability, or insanity of principal) Deed apparently valid, but actually delivered after death of grantor or grantee, or without consent of grantor.

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SCRFC Rule 14 outlines the procedural requirements of a Rule to Show Cause. A petition for a Rule to Show Cause must identify the Order that has been violated and the specific acts performed/not performed by the respondent that violate the Order.

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South Carolina Complaint to Adjudicate Title