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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 100051
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Mother and father now in their eighties purchased a home in

Customer Question

Hi, My name is Andrea
My mother and father now in their eighties purchased a home in 1971 from my aunt and uncle who is now deceased. They never transferred the title of the home to my parents before they died ;but they had one son my cousin who also is now deceased. Well he had one child and child out of an extra marital affair.
The estranged child lied and falsified deeds and documents and now selling the houses that were left behind ,but the house she's trying to sell now is my parents. Not to mention her father died in the back room of the house four years ago. I have the real estate sales receipt. We lived there for thirteen years and my parents paid it off. The house was $187 a month and the purchasing price was$18,380.00. Now my question is, How do I file a quite title(cloud on title) and what documents do I file at the court house? I don't have much money because I take care of both parents so I cant afford to take on a lot of legal dept.
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Ely replied 2 months ago.

Hello and welcome 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.

I am sorry to hear about this situation, Andrea. Please tell me what state is this in, please?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 2 months ago.
California
Customer: replied 2 months ago.
california
Expert:  Ely replied 2 months ago.

Thank you. Okay without going into specifics about the proper suit, etc, I am simply going to answer what you asked - how to file a quiet title.

To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one. So in this case, someone in your situation is asking about a complaint with the quiet title action.

You can see a sample complaint HERE and HERE. Good outline of general concepts can be found HERE. You can follow step by step instructions HERE that tell you how to file the suit.

Please review and let me know if there is anything else I can answer for you.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 2 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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