Litigating Quiet Title Actions: Key Considerations and Strategies to Navigate a Complex Process

This CLE webinar will guide counsel for all parties to a quiet title action through the complex process, providing practical instruction and litigation strategies. The panel will discuss how to determine when a quiet title action is necessary. The panel will also address the investigation process to be taken before filing an action so that the plaintiff may satisfy their burden of proof and all necessary defendants to the action are named and properly served, as well as describe unique procedural considerations.

Description

Understanding quiet title actions can be crucial when disputes arise over property ownership during real estate transactions. Often considered a last resort, these actions may be necessary where there are competing claims to property, unclear ownership records, or potential title defects.

Issues litigated in quiet title actions are numerous and complex and can involve multiple parties with an interest in the property in question including anyone and everyone who may claim an ownership interest in the subject property. Therefore, counsel on both sides of the action should clearly understand litigation strategies and considerations unique to these claims.

For example, counsel should understand the preliminary investigation required before filing a quiet title action; how to ensure all possible defendants are named and properly served; unique procedural issues; possible defenses and counterclaims; and what can be expected after a judgment is rendered.

Listen as our expert panel guides practitioners through the process of litigating a quiet title action with practical instruction and litigation strategies for counsel representing all parties to the action.

Outline

1. Introduction: when is a quiet title action the best option?
2. Grounds for a quiet title action
3. Preparation and investigation
   1. State/local considerations
   2. Preliminary research and investigation
      1. Identifying all possible defendants
      2. Satisfying the plaintiff's burden of proof
   3. Procedural considerations (e.g., jurisdiction, statute of limitations)
4. Litigating a quiet title action
   1. Contested vs. uncontested suits
   2. Naming all defendants to the action
   3. Drafting the complaint
   4. Adequate service of process
   5. Notice of pending action--lis pendens
   6. Responding to the complaint--possible counterclaims and defenses
   7. Discovery strategies
   8. Evidentiary considerations
   9. Obtaining final judgment
5. What to expect after the judgment

Benefits

The panel will review these and other important considerations:

• What are the grounds for a quiet title action?
• What are unique procedural issues to be considered including state/local requirements?
• How can counsel ensure that all parties who may claim an ownership interest in the property are properly served and notified of the action?
• What are possible defenses and counterclaims to a quiet title action?
• What can the parties expect after a judgment is rendered?