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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10213
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I will be trying to purchase a vacant lot at a tax resale on

Customer Question

I will be trying to purchase a vacant lot at a tax resale on Monday the 13th of June. If I am successful, I would like to initiate a quiet title action pro se. I did one of these on another lot through an attorney and it cost me around 1300 dollars. It seemed to me mostly clerical and did not seem to take too much time. The title report was pretty straightforward. I need to know what the procedures are and the amount of time that needs to elapse after the defendants are served . Evidently service can occur by printing a notice in a public newspaper. Please advise the detailed requirements of initiating the suit. There is only one old mortgage from 2006 .
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Taylor replied 4 months ago.

Hello, my name is ***** ***** I want to welcome you to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Expert:  CalAttorney2 replied 4 months ago.

Dear Customer,

Thank you for using our forum. My name is***** am another expert on the forum, your earlier expert opted out of the thread (this sometimes happens).

In reviewing your above post, I would note two things - first the attorney that accomplished your quiet title for $1,300.00 did so in a very cost effective manner (most quiet title actions I have seen are significantly more expensive - the legal market I practice in charges more hourly, but even adjusting for this difference, your attorney did a good job keeping the costs to a minimum).

The other thing is that your expectations for a quiet title are not quite accurate.

While the action may appear to be a lot of paper work (all litigation is), it also requires at least one court appearance for an evidentiary hearing.

You also cannot prevail in these with a service "by publication" when the identity of the defendants is known. You have to actually serve these defendants.

Quiet title is one of the more procedurally complex forms of civil litigation that there is (not necessarily that your case is particularly complicated from an evidentiary perspective, but simply that there are a lot of very critical details that must be met in order to succeed with your quiet title).

The reason you want to pay a lawyer is that if you don't do your quiet title properly, you will still have a cloud on your title - these other interests can come back and challenge the lawsuit that you already spent time money and effort trying to undo, and cause more headache for you in the future.

If you insist on doing this yourself, I recommend visiting your local law library and finding practice guides (handbooks for attorneys) to help walk you through the process. The Oklahoma Code of Civil Procedure has sections in it which govern the Quiet Title Process, but they do not do so in a helpful "cookbook" fashion:

So if you have a lawyer that can handle a quiet title action for $1,300.00. I would recommend that you keep using him.

Customer: replied 4 months ago.
With all due respect, the Oklahoma statutes allow service via publication in a legal newspaper. That is how service was effected in the quiet title suit for which I paid the 1300 dollars. The judge signed off on everything. I need specific legal advice and found no way to indicate that on the form they gave me. I am sure you are a competent Attorney and your response is perhaps what I would have given if i were in your shoes . This is all a no go.
Expert:  CalAttorney2 replied 4 months ago.

I would check with the attorney that handled your last case to confirm the exact basis for the publication.

(Service by publication is used when the defendant is either unknown, or the defendant cannot be located).

Customer: replied 4 months ago.
I don't want to adversely affect your rating but neither do I feel that I got an answer that was helpful enough to warrant a 45$ charge
. How do i handle this?
Expert:  CalAttorney2 replied 4 months ago.

I will send your question to our Customer Service.

I do wish you the best of luck with this matter.

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