Quiet Title

[sammy99837]

What is the name of your state? Oklahoma. Can the defendants in a Quiet Title action sell the property while the case is on going? And if they do sell the property and lose the case what would be the plaintiffs course of action?

 

[LdiJ]

What is the name of your state? Oklahoma. Can the defendants in a Quiet Title action sell the property while the case is on going? And if they do sell the property and lose the case what would be the plaintiffs course of action?

If the plaintiff knows that they are attempting to sell the property, the plaintiffs should ask the judge for an injunction prohibiting them from doing so. There is also a type of lien/certificate that can be placed on the property which would warn any prospective buyer that the property is under litigation. A local attorney is in the best position to help with that.

 

[sammy99837]

If the plaintiff knows that they are attempting to sell the property, the plaintiffs should ask the judge for an injunction prohibiting them from doing so. There is also a type of lien/certificate that can be placed on the property which would warn any prospective buyer that the property is under litigation. A local attorney is in the best position to help with that.
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[sammy99837]

The property was sold without the plaintiff having any knowledge of it being sold. The defendants knew that the case was on going.

 

[FlyingRon]

The plaintiff should have had lis pendens placed on the property. While this doesn't mean the property can't be sold, it does set potential buyers (and their lenders) on alert that there may be a cloud on the title due to the pending action.

 

[Litigator22]

The property was sold without the plaintiff having any knowledge of it being sold. The defendants knew that the case was on going.

If the attorney for the plaintiff seeking to quiet title to the property did not record a "Lis Pendens" at the time the lawsuit was commenced, he or she is guilty of gross and actionable misfeasance!

If the Lis Pendens was properly and timely recorded and accurately described the subject real property, then the ensuing sale was subject to the results of the quiet title action. Meaning that if the plaintiff is successful the purported buyer(s) received nothing.

Also with such a sale occurring during the pendency of the court action it would be well of the plaintiff to have filed an amended complaint including the purported buyer(s), their unknown heirs, devisees and successors in interest as additional defendants.

Adding: There may be conditions or circumstances present that would remove the purported buyer(s) as bona fide purchasers These are matters that need addressing by and explained by a competent attorney.

 

[sammy99837]

The plaintiff should have had lis pendens placed on the property. While this doesn't mean the property can't be sold, it does set potential buyers (and their lenders) on alert that there may be a cloud on the title due to the pending action.

I agree that plaintiff had other avenues available that could have been taken to avoid this situation entirely. Putting that point a side, what can be done now? I won the Quiet Title case on Adverse Possession. Bought my house and land 23 years ago thinking that the 2 lots in question went with it. They had been associated with my property for over 80 years.

 

[FlyingRon]

We have no clue what to tell him because we don't know the nature of the quiet title action. Title actions aren't something you want to go pro se on anyhow, so they should be talking to their attorneys. If this is hypothetical or homework, we don't do that here.

 

[sammy99837]

I ran into a tax lien sale for two lots I thought were mine for right at 23 years now. Two sisters acquired the deed to the land over 60 years ago. I had no idea that this was going to happen till the last minute. Only one lot was selling and I tried out bidding the other people interested. Lost! Trying to keep what I have worked damn hard to improve I filed a civil case hoping I could state my case. Took me some time playing lawyer but I won the case. The court said that property is mine. But I am stuck because he wasn't involved in the original case. The County Commissioners of Tulsa County sold the property for $16.00 8 months after the case was filed. The other defendant sold the other lot two months after a status conference was ordered but didn't show. The lawyer for board of commissioners took themselves out of the case at status conference. Now you have the case. No one can tell me anything that can help me. I realize that being a lawyer is really all about research. And if you can understand what I am saying then this is where I am at. I don't want the answer so to speak. But the direction to take would make a hell of a difference!!!

 

[FlyingRon]

The answer is to head to a lawyer and do it right rather than playing one. You'd not be in this mess if you'd done things properly. You say you won the case. If so why didn't the deed get immediately recorded at the tax office. What is the status conference about if you won? Something still doesn't sound right here.

 

[sammy99837]

The answer is to head to a lawyer and do it right rather than playing one. You'd not be in this mess if you'd done things properly. You say you won the case. If so why didn't the deed get immediately recorded at the tax office. What is the status conference about if you won? Something still doesn't sound right here.

Isn't civil court designed for ordinary citizens to make an argument for what they think is right without the extreme cost of a lawyer? The Status Conference was ordered by the Judge after I asked for it before the case was over. The Petition to Quiet Title had the exact location stated in the starting statement of facts. Also certified letters were sent to every known defendants in this case in every stage of the case. No one showed up at any stage except the lawyer for the County Commissioners who dropped out of the case at the Status Conference. After that I filed a Motion to Enter Default Judgment. Again Certified Letters were sent. The Judge ordered a hearing on the motion. Again no one showed up and I won that case.

 

[HighwayMan]

Isn't civil court designed for ordinary citizens to make an argument...

That's small claims court. You're in way over your head here.

 

[HighwayMan]

I realize that being a lawyer is really all about research...

Being an attorney is about ALOT more than just that. That's a very narrow-minded view of what attorneys do.

 

[sammy99837]

That's small claims court. You're in way over your head here.

 

[sammy99837]

So you are saying that every lawyer knows every law and statute that applies to every case that comes before them? This forum is titled free advice. But all I seem to be getting is criticism. Yes I know that I would be better served by hiring a lawyer. I know the saying about a fool representing himself. Circumstances have made it impossible to pay an attorney $5000 at this time. So I have two choices. Give up on this land or fight for it! I have decided to fight for it. So you see I am asking for advice. Criticism seems to be the easiest way to respond. Maybe I have asked for it. If so I apologize.