While many transactions about real estate will happen smoothly in Los Angeles, CA, there are times when it may not be known if the property is bright or if other people are claiming it.
This will mostly occur when someone buys, inherit, or someone gives them the property.
To clear any claims against the estate, the new owner will have to go through a particular lawsuit process called “quiet title law.”
In California, there is a specific procedure for doing quiet title action.
Step 1: Do title research
Doing title research will need you to hire a title company to do it for you. This research will help you to reveal any claims against the property. These claims are commonly known as clouds.
Step 2: Access the strength of the claim
It is essential to access the strength of the claim against your property before proceeding with quiet title action. Understanding the depth of the complaint will help you to decide if you should continue with the process or not.
Quiet title action is an expensive procedure, and you need to have the know-how before starting it.
An attorney will help you to understand the strength of the claim and advice you.
Step 3: Hire an attorney.
After searching the next thing you will need to do is to hire real estate litigation attorney in Los Angeles, CA.
The litigation attorney will immediately file a quiet title lawsuit. After submitting the file, this process will take something like three to six months.
After filing the quiet title lawsuit, you will become the plaintiff in the case. You will need to name everybody who has the claim against the property and notify them through the mail.
The plaintiff also has the responsibility to report any unknown claimants by posting a notice of the complaint on the newspaper.
In California, the court will take a maximum of 30 days before deciding the plaintiff’s complaint. If there will be someone to answer against the charge, then there will be a contested legal action which will be determined on the court later.
If no one answers the complaint, then the judgment will be awarded to the real owner (plaintiff) automatically.
Tips to help you during the process
- Make sure you hire an attorney who is experienced in quiet title actions. This area may have many challenges, and it will need an effort of someone who is experienced.
- A title company may recommend you the best attorney to use if you don’t know any. Ask them to advise you and get someone who is well experienced in quiet title law.
A quiet title action is a very vital step to take you if you have a new property. This will help to keep your asset save by solving any complaints against them.
If you are not sure about the status of your home, have a check to get the peace of mind. Don’t forget to hire an attorney who has enough knowledge in this branch of law.