Litigating Quiet Title Actions: Key Considerations and Strategies to Navigate a Complex Process
Preliminary Investigation; Naming All Possible Defendants; Unique Procedural Issues; Counterclaims and Defenses
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE webinar will guide counsel for all parties to a quiet title action through the complex process, providing practical instruction and litigation strategies. The panel will discuss how to determine when a quiet title action is necessary. The panel will also address the investigation process to be taken before filing an action so that the plaintiff may satisfy their burden of proof and all necessary defendants to the action are named and properly served, as well as describe unique procedural considerations.
Outline
- Introduction: when is a quiet title action the best option?
- Grounds for a quiet title action
- Preparation and investigation
- State/local considerations
- Preliminary research and investigation
- Identifying all possible defendants
- Satisfying the plaintiff's burden of proof
- Procedural considerations (e.g., jurisdiction, statute of limitations)
- Litigating a quiet title action
- Contested vs. uncontested suits
- Naming all defendants to the action
- Drafting the complaint
- Adequate service of process
- Notice of pending action--lis pendens
- Responding to the complaint--possible counterclaims and defenses
- Discovery strategies
- Evidentiary considerations
- Obtaining final judgment
- What to expect after the judgment
Benefits
The panel will review these and other important considerations:
- What are the grounds for a quiet title action?
- What are unique procedural issues to be considered including state/local requirements?
- How can counsel ensure that all parties who may claim an ownership interest in the property are properly served and notified of the action?
- What are possible defenses and counterclaims to a quiet title action?
- What can the parties expect after a judgment is rendered?
Faculty
Lawrence S. (Larry) Glosser
Partner
Ahlers Cressman & Sleight
Mr. Glosser’s primary focus is real estate, business, and corporate law. His practice combines transaction... | Read More
Mr. Glosser’s primary focus is real estate, business, and corporate law. His practice combines transaction and litigation. He has been actively involved in the real estate industry as a broker, manager, developer and attorney since 1978. Mr. Glosser is thoroughly familiar with all aspects of real estate transactions and financing. He brings his entrepreneurial experience to the practice of law, enabling him to understand both the legal and business issues presented in each transaction. As an attorney, he assists clients with understanding and evaluating legal issues associated with business transactions, enabling clients to analyze risk, and make informed business decisions. Mr. Glosser is a frequent speaker on a variety of real estate topics, both locally and nationally.
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Zachary D. Schorr
Lead Trial Attorney
Schorr Law
Mr. Schorr is an experienced Los Angeles real estate attorney and litigator who enjoys the litigation process and... | Read More
Mr. Schorr is an experienced Los Angeles real estate attorney and litigator who enjoys the litigation process and trials. He initially gained his experience in law by working in a well-known national law firm, while later honing his skills at a well-respected real estate and entertainment boutique law firm. Mr. Schorr is a frequent lecturer on various areas of real estate law.
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Beverly Weber
Partner
Armstrong Teasdale
Ms. Weber has nearly 20 years of experience in contentious matters at both the trial and appellate levels in state and... | Read More
Ms. Weber has nearly 20 years of experience in contentious matters at both the trial and appellate levels in state and federal court. These matters involve banking, real estate, consumer lending, creditors’ rights, title insurance defense, probate litigation and business law, handling both the front-end transactional components as well as in litigation when relationships among parties break down. Further, Ms. Weber has extensive experience handling commercial loan transactions from origination through default and into litigation. She has built her reputation speaking locally and nationally to industry members and clients, and for continuing legal education credit, in the areas of secured transactions, litigation trends, bankruptcy, creditors’ rights, financial compliance and real estate titling.
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