Ray Hrdlicka – Host – Attorneys.Media
“What that is…what is a quiet title action?”
Andre Clark – Real Estate Attorney – Los Angeles/San Bernardino County, CA
“A quiet title involves a dispute over title, where one or more party claims ownership of the property that is inconsistent with another person claiming ownership. Basically, an example of that is one person claims their 100% owner, and another owner claims their 100% owner. And this can happen in multiple ways. You can have two deeds from the same seller, you have adverse possession… you have different ways. And with the quiet title is a lawsuit to resolve that title issue with a court, to give an order to say who is the actual owner, or whose title prevails over the other.”
Ray Hrdlicka – Host – Attorneys.Media
“Well, obviously a case like that relies heavily on evidence. You know, facts, paper trail, I would assume.”
Andre Clark – Real Estate Attorney – Los Angeles/San Bernardino County, CA
“Depends. If you’re challenging quiet title based on fraud, then you have to prove all the elements of fraud. And yeah, depending on the nature of the case, there may be evidence involved. But sometimes quiet title doesn’t always involve misdeeds. Sometimes you got a quiet title just because somebody made a mistake. And in that sense, a lot of the documentation will be in public records, where you can clearly see a mistake on a deed, or clearly see certain things in public records where all you need is public records to prove your case.
Sometimes it’s… I didn’t sign that…and the notary forged my signature. The only evidence would just be the notary’s little handbook. And if they got that fingerprint to get the notary done. So again, my default answer, it depends on the facts and circumstances in a quiet title action, that will determine how much evidence is needed. Because quiet title actions are often coupled with fraud, breach of contract, partition, negligence. And if you have all of those other causes of action in addition to a quiet title, of course you’re going to have probably more evidence to deal with.”
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