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KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 4219
Experience:  13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.
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How do I Answer a Quiet Title and Illegal Ejectment

Customer Question

How do I Answer a Quiet Title and Illegal Ejectment Complaint? I co-owned a house with my father, who remarried and wanted to take over the house with his new wife. This complaint was filed two years ago and the plaintiffs were granted a default judgment, but I was never served. I spent the last two years fighting to have the default set aside. That was granted about two months ago. Now I need to file an Answer to the original complaint, but the house has since been foreclosed on. So, my main concern is getting a judgment in my favor for the Illegal Ejectment. I don't know if I'm supposed to respond to both the Quiet Title and the Ejectment, or just the Ejectment.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  KimberlyLaw replied 1 year ago.

Hello, I am happy to assist you today.

An Answer to a Complaint is actually quite simple and straight forward. You will list each numbered entry in the Complaint, and respond to it directly. Your options for a response are Admit, Deny, or Deny knowledge and information sufficient to form an answer. You also are permitted to add other information with your answer. You can deny an entry in the Complaint in part or in full, so you could say I deny this in part as to xxxxx and admit as to xxxx. And then add qualifying information.

As for the portion regarding Quiet Title, you should still deny everything that is appropriate at the date when filed, but then add a note that the property is no longer owned by you because it was foreclosed upon.

Pay closer attention to the Ejectment sections, but do respond to everything for the record. You will be asking for those quit title claims to be stricken from the complaint.

I hope this helps,


Customer: replied 1 year ago.
I should've mentioned that my father first tried to have me removed by a restraining order/move out order and was denied. He and his new wife then resorted to physical abuse against me, and in front of my son. A 5 year restraining order was granted against the plaintiffs(my father and his wife) and was ordered to move out. This is the sole reason for them being ejected from the house. Do I need to attach a copy of the restraining order to the answer? Besides the Answer and proof of service, is there anything else, such as a Motion, Declaration, or an Order of the Court that I need to file?
Expert:  KimberlyLaw replied 1 year ago.

Yes, I would include a copy of that restraining order. Make sure to refer to it in the answer and call it an exhibit like Exhibit 1 or A, and just write that with a pen on the upper right corner of the document. Include as much as you can to give the judge the full picture of what went on. Make sure, though, that it is responsive to that item in the complaint.

This level of court is quite informal. Most people don't use a lawyer, and the judges really relax the rules a lot. You can make any motion or request verbally while at the court hearing. You don't have to go crazy with anything in writing, as long as you have everything attached to your Answer. You basically just want the judge to make a decision in your favor and encourage that to happen quickly.

Customer: replied 1 year ago.
Is there a Special form that I should use or should I use Pleading Paper?
Expert:  KimberlyLaw replied 1 year ago.

There is no special form. Just follow what the Complaint does, and mirror the numbers of each entry, then respond to that entry by the same number. They just have to match.


Customer: replied 1 year ago.
The 9th Paragraph states, "By this reference, plaintiff incorporates paragraphs 1-8 herein."
I don't know what that means, or how to respond to that question.
Am I supposed to respond to the paragraphs listed after the, "Wherefore, Plaintiffs pray judgement" statement?
Expert:  KimberlyLaw replied 1 year ago.

That is just a standard legal formality that the judge will understand doesn't make sense to you. You can just write "I repeat and reallege my answers to each of the foregoing paragraphs as if fully set forth herein." This is just a means of referencing everything above and having it become part of the next section, so that no section in the complaint exists independently. I know, not really clear probably, but that answer will suffice.

Best of luck


Customer: replied 1 year ago.
Will the court accept the statement, "Due to the Plaintiff, **** own actions, Judge ***** issued a Domestic Violence Restraining Order against him and he was ordered to move out." as a Affirmative Defense?

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