Orange County Quiet Title Action Lawyer
A ‘Quiet Title Action’ is a legal proceeding brought by one party when two or more persons have ‘adverse claims’ to the same property. The purpose of a Quiet Title action is to eliminate the ‘adverse claim’ and to establish or “quiet” the title to a resolution to just one of the claimants.
Quiet Title – matters often arise at the absolute wrong time. Often during the sale of an Orange County residence, it will be brought to the seller and buyer’s attention that the property cannot be transferred, and the escrow is put on hold. In years past, one party on title might have Quit Claimed the property to a friend or family member due to health or financial reasons and now the recipient of quit claim title is not willing to help, cannot be located, or is deceased. It is also common that some ‘shady foreclosure advisors’ counseled homeowners to add many names to the title of a property to dodge a foreclosure sale. We find that these ‘advisors’ were neither licensed as attorneys, CPA’s or help any other legitimate professional license. Now cleanup of the title is necessary.
The plaintiff in a quiet title action must then seek a court order that prevents the respondent from making any subsequent claim to the property. Quiet title actions are necessary because real estate may change hands often, and it is not always easy to determine who has clear title to the property.
Detailed Investigations Prove Validity of Quiet Title Claims
For an Orange County quiet title action, real estate attorney Edwin Fahlen has 30+ years’ experience as a real estate attorney and a licensed California real estate Broker (CA BRE #00515565). Attorney Fahlen is prepared to undertake a detailed investigation to prove the validity of the quiet title claims of his clients. Edwin works steadfastly for his clients and does whatever is required to complete a quiet title action case effectively and in a timely manner.
Advocating for Plaintiffs and Defendants in Quiet Title Claims
To schedule a consultation regarding a quiet title action with Orange County Quiet title attorney Edwin Fahlen, call Edwin for a free phone consultation now. Attorney Edwin Fahlen welcomes inquiry from either plaintiffs or defendants in quiet title action claims.
A ‘Clouded Title’ is different from a ‘Quiet Title action.’ Clouds on title are usually discovered during a title search. Clouds on title are resolved through initiating a quitclaim deed or a commencement of action to quiet title
Clouded Title – A quiet title lawsuit is also called a suit to remove a cloud. A cloud is any claim or potential claim to ownership of the property. The cloud can be a claim of full ownership of the property or a claim of partial ownership, such as a lien in an amount that does not exceed the value of the property. A title to real property is clouded if the plaintiff, as the buyer or recipient of real estate, might have to defend her or her full ownership of the property in court against some party in the future. A landowner may bring a quiet title action regardless of whether the respondent is asserting a present right to gain possession of the premises.
Example of a Clouded Title
For example, assume that JOE, the seller of a property agreed to sell a property to MARY but JOE then passed away before the sale was finalized. Assume further that the JOE, the seller, also gave the property to a a life-long friend in her will. This is not uncommon! JOE may have reconsidered giving away of the property as money was needed for an unexpected problem, and since the life-long friend really was never informed by JOE that JOE was going to will the friend the property, JOE figures that he will not be hurting her friend’s feelings. JOE fully intends to have her will altered when he gets around to it. Unfortunately for everyone, (mostly JOE), JOE passes away and never had the opportunity to modify her will as planned. In such a situation, both the life-long friend and the buyer have valid grounds for filing a suit to quiet title because each has a valid claim to the property.
Assisting Owners, Lien Holders, Private Lenders in Title Disputes
Real Estate Attorney Edwin Fahlen advocates on behalf of owners, lien holders, and private lenders in clouded title and title disputes who seek court judgments validating that they are rightful property owners of a particular piece of real estate. Conversely, Attorney Edwin Fahlen also represent opponents in quiet title actions.