Blog Archives

Statutes of Limitation for Quiet Title Claims

At the outset of brining or defending any claim involving use and possession of real property it is always a good idea to examine the applicable statutes of limitation. This is true because they can either present a possible winning defense or, if you are the plaintiff, they can provide a potential pitfall that you have to carefully navigate around. For example, for quiet title claims there is no particular statutes of limitation. The limitations period is instead determined by the underlying theory of relief – fraud, adverse possession, mistake, trespass, etc. We frequently see statute of limitation defenses rear their head in quiet title claims where the person out of possession seeks to quiet title after a period of time where they were not

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Posted in Litigation, Quiet Title

Adverse Possession: An Overview

What is adverse possession? Adverse possession is the process of getting the title to a property by continuous possession for a prescribed period of time. How do you establish it? In order to establish a title through adverse possession, all of the following five requirements must be satisfied: 1. Possession must be held under either a claim of right or color of title.  The adverse possessor must either: (1) have a defective document which tries (but fails) to transfer title of the property to the possessor (“color of title”), or (2) the possessor must actually occupy the property with the intent to claim the title to the property (“claim of right”).  It is not enough to just be on the land; you have to show that you intend

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Posted in Adverse Posession, Litigation, Quiet Title, Real Estate Attorney Los Angeles

Quieting Title to Real Property – Los Angeles

Quieting title is the process through which a party tries to resolve disputes concerning the legal right, ownership and use of real property. At Schorr Law, we view it as a catch all term to some degree or an umbrella term for actions to resolve competing interests in real property. Here are a few things to consider before quieting title to real property:   Do you have a title report? If you have a title report you have a general understanding of the competing claims to the real property. Without such a report, you may be left guessing as to what claims have already been legally recognized.  Usually, when you purchase property you will have obtained a title report – so check your files.  

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Posted in Lis Pendens, Ownership, Quiet Title

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

How to Quiet Title to Old Liens on Real Property

As Los Angeles real estate lawyers, dealing with commercial and residential real property throughout Southern California we are frequently brought into cases to help ensure clear title prior to a sale of property or to clear old liens.  Clearing an old lien can be more difficult than you would think, even if you know it is invalid, because often times the beneficiary of the lien has disappeared. For example, we recently cleared a deed of trust from a piece of vacant land in Calabasas that our client had wanted to sell.  When the buyer and the seller entered into escrow the seller had no idea that there was an nearly 30 year old deed of trust (mortgage) encumbering the property.  Because of the lien the seller

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Posted in Lien On Property, Quiet Title

Right to Jury Trial in Quiet Title Cases

There are few things in the law that people perceive as inviolate as the right to a jury trial.  However, the right to a jury trial is only a matter of right in a civil action at law, but not in equity.  (C & K Engineering Contractors v. Amber Steel Co., Inc. (1978) 23 Cal.3d 1, 8.)  This is based on whether the gist of the action is legal or equitable.  In other words, whether a jury trial must be granted is based on a detailed analysis of the nature of the rights involved in the particular case.  Although pleadings may provide some indication whether the action is of a legal or equitable nature, they are not conclusive.  (C & K Engineering Contractors v. Amber

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Posted in 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

Real Estate Ownership Disputes Require Knowledge of Available Remedies

As real estate prices continue to rise the number of ownership disputes our Los Angeles Real Estate Lawyers see continue to rise.  Real estate ownership disputes take a variety of forms depending on the nature of the dispute.  Below, is a quick overview of the most common types of real estate dispute we see in Los Angeles, Orange County, Riverside County and in San Diego. 1.  Partition:  Partition is both a cause of action and a remedy.   A partition dispute arises when a co-owner of land – either a joint tenant or a tenant in common – does not agree with the other co-owner(s) of land regarding what should be done with the property.  This can be any type of dispute where there is a

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Posted in Easement, Ownership, Partition, 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

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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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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