Quiet Title Complaint Example
The real estate attorneys at Talkov Law are well versed in a variety of real estate issues, including quiet title actions. Under the California Code of Civil Procedure §760.010 – §764.010, a quiet title action is a lawsuit filed to “quiet” title to real property, meaning that it seeks to establish or find a definite resolution to title between multiple parties. Often times, quiet title actions are filed in conjunction with a partition action in California, real estate frauds, disputed liens, and other forms of real estate litigation. If you find yourself in the position where you need to establish a clear title, remove unknown parties, or challenge anything clouding the title to your property, then a quiet title proceeding may be your best course of action. Our attorneys have provided a quiet title complaint below to be used in conjunction with an experienced quiet title attorney.
Quiet Title Complaint Sample Form
[Attorney Name], State Bar No. ______
Attorneys for Plaintiff
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF [SPECIFY COUNTY]
|[Name of Plaintiff], an individual,
[Name of Defendant], an individual; ALL PERSONS UNKNOWN, CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN, OR INTEREST IN THE PROPERTY DESCRIBED IN THE COMPLAINT ADVERSE TO PLAINTIFF’S TITLE, OR ANY CLOUD UPON PLAINTIFF’S TITLE THERETO; and DOES 1 through 10, inclusive,
VERIFIED COMPLAINT FOR QUIET TITLE
(Unlimited Civil Complaint – Amount Demanded Exceeds $25,000)
[Name of Plaintiff], an individual (“Plaintiff”), alleges herein as follows:
1. This action seeks: to quiet title to the subject property.
THE REAL PROPERTY
2. The subject of this action is certain real property comprising a [Property Type] within the County of [Specify County], State of California, commonly known as [Property Address], Assessor’s Parcel Number [Specify APN] consisting of the real property in the City of [Specify City], County of [Specify County], State of California, legally described as follows:
[Legal Description of Property]
3. Plaintiff [Name of Plaintiff] (“Plaintiff”) is an individual who has been the co-owner of record to the Property at all times since the Property’s acquisition in [Specify Date]. Plaintiff requests quiet title herein.
4. Defendant [Name of Defendant] (“Defendant”) is, and at all relevant times was, an individual residing in the State of California. Defendant has been a co-owner of record since the acquisition of the Property in [Specify Date].
5. The Defendants named herein as “All Persons Unknown, Claiming Any Legal Or Equitable Right, Title, Estate, Lien, Or Interest In The Property Described In The Complaint Adverse To Plaintiff’s Title, Or Any Cloud Upon Plaintiff’s Title Thereto” (the “Unknown Defendants”) (collectively with Defendant, the “Defendants”) are unknown to Plaintiff. Plaintiff is informed and believes, and on that basis alleges, that the Unknown Defendants, and each of them, claim some right, title, estate, lien, or interest in the real property and real property interests that are adverse to Plaintiff’s property interests at issue in this action.
6. Plaintiff does not know the true names and capacities of the defendants sued as Does 1 through 10, inclusive, and therefore sues these defendants by such fictitious names. Upon information and belief, Defendant may have granted interests in the Property and/or soon will grant such ownership interests. Plaintiff does not currently know the true names and capacities of those who may claim an ownership interest in the Property, but Plaintiff will amend his complaint to add the true names and capacities of these defendants when they are ascertained.
7. This Court has jurisdiction over this matter because the amount in question exceeds the jurisdictional minimum for this Court.
8. Venue is proper in this Court because the real property that is the subject of this action is located in the County of [Specify County] in the State of California.
ALLEGATIONS COMMON TO ALL CLAIMS FOR RELIEF
9. This case involves the residential property located at [Property Address] (the “Property”).
10. The Property is designated in the [Specify County] County Recorder’s Office as APN [Specify APN], and legally described as follows:
11. [Specify Details Below – This is Only a Hypothetical Example of Events Leading to Quiet Title]
12. In [Specify Year], Plaintiffs wanted to purchase the Property.
13. They could not qualify for a loan and were unable to obtain title in their name.
14. Defendants are Plaintiff’s [Specify Relationship].
15. As an accommodation, Defendants obtained a loan/obtained title in their name and became owners of record of the Property.
16. In [Specify Year], Defendants agreed to deed the property to Plaintiffs to reflect their ownership at a later date when Plaintiffs would be eligible to hold title in their name.
17. Plaintiffs paid the down payment, all closing costs, commissions, and fees for the Property.
18. Since the purchase in [Specify Year], Plaintiffs have paid all mortgage payments, taxes, insurance, utilities, maintenance, and repair costs for the Property.
19. Plaintiffs and their family have resided in the Property from [Specify Year] to the present.
20. Defendants have never resided at the Property and have lived elsewhere for the entire time since the property was purchased in [Specify Year].
21. Plaintiffs have records showing they have paid all expenses related to the Property, including the mortgage, taxes, and insurance.
VALUE OF THE PROPERTY
22. Upon information and belief, Plaintiff alleges that there are no known encumbrances of record to the Property.
23. Upon information and belief, Plaintiff alleges that the value of the Property is estimated to be $[Value of Property] as of the date of this Complaint which is in excess of the encumbrances of record and costs of sale in relation to the Property.
FIRST CAUSE OF ACTION
(Quiet Title Against All Defendants)
24. Plaintiff hereby incorporates by reference the allegations contained in each paragraph above as though fully set forth in full herein.
25. By virtue of the foregoing facts, Plaintiff is entitled to a judicial declaration that Plaintiff is the 100% owner of the Subject Property.
26. Accordingly, Plaintiff seeks to quiet title to the Property in Plaintiff’s name alone as of the date of this complaint.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment as follows against all Defendants:
1. For an order quieting title to the subject property.
2. For a judicial declaration that Plaintiff is the full legal and beneficial owner of the Property.
3. For attorney’s fees, if allowed by law;
4. For costs of suit; and
5. For such other and further relief as the court may deem just and proper.
DATED: November 2, 2021 [NAME OF PLAINTIFF’S LAW FIRM]
By: [Name of Attorney]
[NAME OF ATTORNEY]
Attorneys for Plaintiff [Name of Plaintiff]
STATE OF CALIFORNIA, COUNTY OF [NAME OF COUNTY]
I have read the foregoing VERIFIED COMPLAINT FOR QUIET TITLE and know its contents.
The matters stated in the foregoing document are true of my own knowledge except as to those matters which are stated on information and belief and, as to those matters, I believe them to be true.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on November 1, 2021 at [Name of City], California.
[Name of Plaintiff]
Quiet Title Complaint Template Sample Example Form.docx
Quiet Title Complaint Template Sample Example Form.pdf
Contact a Real Estate Quiet Title Attorney in California
Petitioning the court to quiet title to a property requires legal knowledge and, preferably, will be done by a real estate attorney. Many clients are surprised to find that a partition action can be used to quiet title, and that quiet title actions can resolve real estate frauds including fraudulent deeds. The California real estate litigation attorneys at Talkov Law have experience with quiet title actions and are available to guide you through this area of law. For a free, 15 minute consultation, feel free to reach out at (844) 4-TALKOV (825568)