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A plaintiff seeking to quiet title against a person with legal title to property has the burden of proving title by clear and convincing proof, rather than by the prepon- derance of evidence usually used in civil cases. [Evid. Code 662] Evidence Code 662 does not apply when legal title itself is disputed.
Yes, someone can be on the title and not the mortgage. The two terms deed and title are often used synonymously. A person whose name is on a house deed has the title to that particular house. The house deed is the physical document that is used to transfer title and thus proves who owns the house.
For example, Sarah has been maintaining a piece of vacant land next to her property for 20 years. She believes that it was part of her property. Her neighbor disputes this, leading to a quiet title action to establish the true owner.
Unlike acquisition through a deed of sale, a quiet title action will give the party seeking such relief no cause of action against previous owners of the property, unless the plaintiff in the quiet title action acquired its interest through a warranty deed and had to bring the action to settle defects that existed when
Quiet title is a lawsuit filed to establish ownership of real estate when ownership is in question. Real estate owners want to ensure that they have a clear title, meaning that there are no liens or levies against the title and no disputes over the propertys ownership.