Save Money, Time and Headaches in Quiet Title Actions
Quiet title actions are currently on the rise from a number of different scenarios - tax deed sales, "robo-signing" and other fraudulent foreclosure acts, mineral right issues, break in chain, adverse possession, and legal description errors are just a few of the issues that can initiate the need for a lawsuit to establish title to the property and remove any clouds. Don't miss the opportunity to take on these cases because you're not up to speed on current procedures, discovery strategies, jurisdictional challenges, rules and legal requirements involved in these complicated lawsuits. Learn inside tips for identifying parties and getting service on them, review lis pendens and complaint requirements, gain practical negotiation strategies and more - register today!
- Detangle the maze of thorny rules, procedures and requirements that are involved in quiet title actions.
- Learn inside tips for getting service on holders of outstanding interests.
- Find out which option is best for your client: quiet title action, ejection action or a partition.
- Gain search and examination tactics for the most common defects that initiate quiet title actions.
- Discover proof requirements, identify interested parties involved, research chain of title and locate witnesses, maps and surveys.
- Review the statute of limitations, venue and pleading requirements.
- Learn how to navigate jurisdictional challenges, including lis pendens and complaint requirements.
- Evaluate expert witness strategies for working with surveyors and appraisers.
- Review negotiation and mediation strategies and sample settlement agreements.
- Quiet Title Law: Overview and Update
9:00 - 9:50, Monica E. Russell
- Quiet Title Actions: Brief Overview and Update
- Legislation Update and Recent Case Law
- Title Insurance, Marketable Title and Default Judgments
- Quiet Title Action vs. Curative Deed vs. Partition vs. Other Curative Actions
- Is the Case Worth Taking?
- Initiating a Quiet Title Action - State Procedures
9:50 - 10:40, Monica E. Russell
- Cause of Action and Statute of Limitations
- Legal Description
- Jurisdiction and Venue
- Pleading Requirements
- Investigation Strategies
10:55 - 12:10, Grace M. Doberdruk
- Proof Requirements: What are the Specific Facts Needed?
- Overcoming Evidentiary Challenges, Addressing Hearsay
- What Records are Needed and How to Find Them
- Obtaining Maps, Surveys, Photographs and Other Evidence
- Legal Description
- Using Experts (Surveyors, Appraisers, Assessors, Etc.)
- Title Search and Examination (Break in Chain, Foreclosure-Related Issues, Tax Deed Sales, Title to Mineral Resources, Adverse Possession, Liens and Judgments, Etc.)
- Identification of Parties and Getting Them Served
1:10 - 2:00, Robert M. Greggo
- Identifying all Parties Involved - Inside Tips
- Getting Service on Holders of Outstanding Interests
- Identifying Witnesses
- Working with Title Companies to Obtain Information
- The Complaint
- Service of the Complaint
- Lis Pendens
- Recording Requirements
- Liability Considerations
- Demand for Damages?
- Hearing and Settlement Tips
2:00 - 3:15, Grace M. Doberdruk
- The Defense Perspective, Strategies and Tactics
- Negotiation and Mediation Tips
- Sample Agreements
- Default Judgment
- Quit Claim Deeds and Warranty Deed Claims
- Sample Documents and Motions
- Preparing Experts for Deposition
- Preparation of the Decree
- Ethics in Quiet Title Actions
3:30 - 4:30, Robert M. Greggo
- Adhering to Title Examination Standards
- Where Conflicts of Interest Typically Arise
- Duties of Competence and Diligence Defined
- Liability in Quiet Title Actions
This basic-to-intermediate level seminar is designed for attorneys. It may also benefit title and real estate professionals, mortgage brokers and lenders, oil and gas industry professionals, developers and paralegals.