Legal Question in Real Estate Law in California

civil

How much does it cost to over turn a Quiet Title Default Judgement.

I am the owner of the Vacant property.I had Title Insurance. The Plaintiff filed a law suit of a prior owner and got a Quiet Title Judgement.I the owner wasnt ever served or not on the Civil Law suit.Do i have any recorse of getting my money back on the cost of the over turn complaint, Thanks For your Reply


Asked on 4/23/09, 11:52 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: civil

Can't tell you how much such actions will cost without knowing all the facts and reviewing all the issues with you, but it would be done on hourly basis/ You'd be given a more accurate and informed estimate of costs after consulting. IF you are timely in filing to set aside the default, and IF you have proper legal grounds to do this, and IF you have valid claims and defenses to the original suit, then you MAY be able to successfully obtain relief. In general you have only 6 months from entry of judgment to try to set it aside. If you believe you meet the requirements, and if you're serious about getting the legal help you'll need, feel free to contact me.

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Answered on 4/24/09, 1:30 pm
David Gibbs The Gibbs Law Firm, APC

Re: civil

Frankly, there is no way based upon the limited facts you posted to estimate the cost, and/or even probability of success. My guess is, that since you were not named in the original lawsuit, and appear to be an indispensible party (assuming you owned the property at the time of the lawsuit being filed), you may have several options. First, you need to make a claim on your title policy to defend title. They will probably deny it, but you would be making a huge mistake not to make the claim. They may defend it under reservation of right. Second, you may be forced (as you don't appear to be a party to the original judgment) to file your own quiet title action. I would guess that a retainer on something like that would be in the $10-15,000 range. Finally, you should consult with a litigation attorney, with a copy of the court file in hand, to see if you have standing to appeal a decision, to attack the judgment or how best to proceed. I wish I could offer more, but given the limited facts presented, there are a hundred different directions this could go, each with a varying level of cost and time involved.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 4/24/09, 2:01 pm


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