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If you file a quiet title with your lis penden will that stop the writ of possession in California?
Wiki User
∙ 15y ago
A Writ of Possession in California indicates the mortgage is in default or the ownership of the property is in dispute. The case needs to be adjudicated in the court of jurisdiction. A quiet title action must also be adjudicated in the court of jurisdiction and you would need grounds in order to obtain a decree forever barring the claims of your adverse party. It cannot be used to wipe out a bona fide mortgage lien. You need to consult with an attorney to determine what your options are.
Wiki User
∙ 15y ago
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How do you get a copy of the form to claim adverse possession of land in New York?
The attorney you hire for the action to quiet title will have the proper form.
What is the Statute of limitations on filing a quiet title action in Arizona?
There is no statute of limitations for filing a quiet title action in Arizona. However the statute of limitations may apply if the person filing the action enjoys undisturbed possession of the property in question and if so then the statute of limitations is 1 year.
What is the movie title 'The Possession' in French?
La Possession
Can a cosigner in California take possession of a vehicle if the primary borrower is not making the payments in Georgia?
Only if the cosigner is also named on the vehicle title.
How do you file quiet title in Ohio?
A quiet title action is a complicated area of law. If you had the expertise to draft a complaint to quiet title then you would know how to file it. You should seek the advice of an attorney who could review your situation and explain your options.
Does having a quiet title protect future owners of the property?
All future owners will have the benefit of the decision rendered in the quiet title action.
I am needing to get a quiet title for a motorcycle. I have the title in hand but the back has been crossed out so the state will not take it. ?
your question answered www.justanswer.com/archives/52-3902-3-quiet-title
If you have the car title do you own the car?
Not unless your name is on the title. Possession of the title does not mean you own the vehicle.
Will filing quiet title action eliminate liens and mortgages on a parcel?
A quiet title action can only "quiet" liens or claims that have been made a part of the quiet title action. Usually that type of action involves an old but still active lien or mortgage that was paid but was not discharged as of record. Quiet title actions cover a very broad category and may vary in different state jurisdictions. You should consult with an attorney about your particular case. If you wish to wipe out unpaid liens and mortgages through a quiet title action forget about it.
May a Squatter claiming adverse possession property of neighbor and sues to quiet title finding another Squatter has claimed the same property by adverse possession who gets quiet title?
Preface: I had to read this question several times. Pardon my obvious confusion. All references are as to the laws of the State of Washington. Adverse possession can only be met by proving each of the following elements (Muench v. Oxley, 90 Wn. 2d. 637, 584 P2d. 939 (1978)): the possession must be open and notorious, actual and uninterrupted, hostile, exclusive, and under a claim made in good faith. The necessary period of possession is 10 years; however, one who possesses under color of title and pays taxes for 7 consecutive years can bring an adverse possession action at the end of the 7 year period (RCW 7.28.070). If one element of the test is missing, the property cannot be claimed by adverse possession. Clearly, if two different people claimed title to a property by adverse possession,and both used the property during the 10 year period, neither one would have had exclusive and uninterrupted possession of the property, thereby failing the second prong of the adverse possession test introduced in Muench v. Oxley. One could also claim that the possession was not open and notorious, as well. In conclusion, neither party would succeed in their adverse possession claim because they would fail to meet each element of the adverse possession test.
How do you file a quiet title after tax sale?
A quiet title suit is a complicated area of law. You should contact an attorney who specializes in real estate law.
What is a petition or motion to clear title to real property?
That would be an action to quiet title.
