Real Estate/Development
Jan. 14, 2012
State appellate court delivers twist in quiet title action
A case of first impression could substantially impact filing and defending quiet title actions. By Clifford E. Frieden of Rutan & Tucker LLP
In a case of first impression, the 4th District Court of Appeal in Harbour Vista LLC v. HSBC Mortgage Services Inc., 18079, Cal. App. 4 Dist. (Dec. 19, 2011), held that a default judgment could not be entered in a quiet title action, and that a defaulting defendant is entitled to submit evidence of its claim in an open court hearing, the purpose of which is to determine the interests of the parties in the property. The case could hav...
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