Default Judgments in Quiet Title Cases

Quiet title cases involve clearing title to real property.  In other words, they are actions to the declare ownership rights (or lack thereof) to real property.  Sometimes our Los Angeles real estate attorneys are brought into actions to clear title or remove old liens that may have been satisfied.  The problem with old liens is that it is sometimes hard to locate the lienholder (the lender) because the lender may have gone out of business, may have died or simply may have moved “off of the grid”.  Even after we serve the lien holders with the quiet title claims, they sometimes still do not respond.  This results in a default judgment.

Unlike most civil claims, where default judgments can be proven to the court through declarations and on paper, default judgements require an actual prove up hear – live testimony.   In fact, Code of Civil Procedure section 764.10 requires an open-court evidentiary hearing on the merits in which even the defaulting defendant may participate and offer evidence.   This is an extra step in quiet title default judgment cases, but an extra cautious procedure to make sure rights in real property are not extinguished without evidence is a good thing.

For help with your quiet title claim, please do not hesitate to contact the Los Angeles Quiet Title Attorneys at Schorr Law, by emailing info@schorr-law.com, or calling (310) 954-1877. Ask us about a free 30 minute consultation and initial case evaluation for your quiet title matter.

Click on the categories below for other quiet title related blogs. 

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Posted in Ownership, Quiet Title

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