Blog Archives

What is the Chain of Title?

What is the Chain of Title? In real estate terms, the Chain of Title is exactly what it sounds like. It is the historical and public structure (chain) of transfers of title that claimants make to establish an interest in real property. The chain, in this case, is made up of the changes to title to a property between  prior and new owners and/or owners and lien holders. When is the Chain of Title used? Chain of Title types comes to the forefront in disputes involving  priority of title issues.  An example of this would be a case where competing lien holder (lenders) claim to have the first interest in the property.   One lender may then choose to quiet title and have the court declare who has priority.  Priority

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Posted in Chain of Title, Ownership, Quiet Title, Real Estate Attorney Los Angeles

How To Use a Quiet Title Claim to Get On Title to Real Property

One of the more frequent scenarios we see in our real estate practice in Los Angeles is a party’s desire to be placed on title to real property even though record title is not in their name. The typical factual scenarios we see are: Two people purchase a property together but only one of them actually goes on title because one of the two people has bad credit; A boyfriend or girlfriend takes title to property in their name alone even that the significant other contributes half of the down payment and expenses for the property – and then a break up occurs…; A family member agrees to go on title to a property because another family member has credit or has other valid reasons

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Posted in Ownership, Quiet Title

Real Estate Attorney Zachary Schorr Obtains Another Quiet Title Win

Yesterday, lead real estate attorney Zachary Schorr was successfully in securing another quiet title judgment for one of its clients.  This is the second judgment Schorr Law has received for its clients in the last two weeks.  In this quiet title matter, Schorr Law sought to quiet title to remove one of the record title holders from title after the record title holder (50% owner) had refused to reconvey his interest back to the person who had placed him on title as a co-owner.   Mr. Schorr advanced a quiet title theory based on the legal concept that the record title holder was a constructive trustee – holding the title for the benefit of the person who had placed him on title for estate planning

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Posted in Ownership, Quiet Title

Statute of Limitations for Quiet Title Cases

Quieting title is the process under which a party, typically the owner of real property, seeks to have the court declare the ownership interest in the property.  For example, an owner of real property may discover, after obtaining a preliminary title report or reviewing record title, that an old lien is recorded on the property. If the beneficiary of the lien cannot be located or refuses to clear title, then the owner of the property can bring an action to quiet title. These types of quiet title actions do not have a statute of limitations.  In other words, the owner of the property can seek to quiet title to the lien on title at any point in time. At Schorr Law we often litigate quiet

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Posted in Quiet Title

Schorr Law Obtains Quiet Title and $100,000+ Judgment Against National Bank

This past fall Schorr Law was successful in obtaining a quiet title to a property in Ventura County.  Schorr Law sued on behalf of its client to remove a lien on a Ventura County property that its client contended was invalid.  Our real estate attorneys were successful removing the lien and also obtaining a judgment against the bank for over $100,000 based on its maintenance of an invalid lien. Quieting title to real property is a common remedy our real estate attorneys use to remove liens from real property that are invalid.  These liens must be removed because whether or not the liens are valid in the eyes of the law is not always the most important factor.  Instead, making sure that liens do not show up

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Posted in Quiet Title, Wins

Los Angeles Quiet Title – Verified Complaints

In California, most complaints do not require a verified complaint (a complaint signed by the party under penalty of perjury). Some claims, however, like a quiet title claim does require that the complaint be verified. This is easy enough to accomplish through a simple verification. But, parties should obviously make sure the allegations in the complaint are truthful because they are being made under penalty of perjury. In response to a verified quiet title complaint, the defendant must provide a verified answer. This is useful because right from the outset the plaintiff will get an understand of which specific allegations the defendant admits or denies. This is useful for framing the issues for trial and determining the factual and legal disputes that the case will

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Posted in Easement, Quiet Title, Real Estate Attorney Los Angeles

Clearing Title Through a Quiet Title Action

A quiet title action may be used to establish ownership and title to property.  This is important and oftentimes necessary when persons improperly claim title to your property.  These adverse claims to  title may prevent you from selling your property as you may face obstacles in obtaining title insurance on your property.  Luckily, you may file a quiet title action in order to clear title. It’s important to note that there are specific requirements for quiet title actions.  First, the action must be brought in the county where the property is located.  (C.C.P. §§ 760.040, 760.050.)  Second, a quiet title complaint must contain specific allegations, including: a description of the property; the title of the plaintiff as to which a determination of quiet title is

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Posted in Ownership, Quiet Title, Real Estate Attorney Los Angeles

Zachary D. Schorr’s Expert Appearance on the Dr. Phil Show

Zachary D. Schorr’s Expert Appearance on ABC’s Nightline

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Super Lawyers

Zachary Schorr Superlawyers

Zachary D. Schorr has been named to the Southern California Super Lawyers (Rising Stars) list for attorneys in Real Estate for 5 straight years - 2012, 2013, 2014, 2015 and 2016. Each year, no more than 2.5 percent of the lawyers in the state receive this honor. In 2016 he was also included as one of the top 100 lawyers in Southern California in this category. The selection for this respected list is made by the research team at Super Lawyers.

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If you are currently involved in a real estate dispute, either commercial real estate or residential, and are looking for a Real Estate Attorney in Los Angeles with a cost-effective, results oriented approach designed to meet your case's specific needs, contact the attorneys at Schorr Law. Our real estate firm has the specific knowledge and experience necessary to get you the best possible results.

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