This is the next article in my series on how to be successful in Oklahoma quiet title action. My last article discussed What is a Quiet Title Action In Oklahoma and How It Works. As explained, a quiet title action is a civil lawsuit filed by a person asking the Court to determine who the real owner of the property is. The person making this request is the plaintiff and the parties with an adverse claim or a potential claim to the property are the defendants. It’s important to note that the plaintiff’s claim must be rooted in some legal basis that gives rise to the property interest. A successful quiet title action must follow correct procedural steps. This article will outline and explain the essential steps that are needed for a successful quiet title action. If you are in need of a quiet title attorney in the OKC area, then contact us today or give my office a call to speak to an Oklahoma real estate attorney.

The first step in a quiet title action is to file a lawsuit in the county where the property is located

Like any civil suit, you must start a quiet title action by filing the Petition to Quiet Title with the Court in the county where the property is located. This document lists the parties, the reason for the suit, the legal property description, the relevant chain of title details, and the legal basis for the plaintiff’s property interest. Here, you also must ask the Court to declare you as the owner of good and marketable title. Doing so, and if the Court agrees, will stop the defendants from asserting a claim on the property in the future. However, failure to explain what makes you the true owner and why the defendant’s claim is without rights will hurt your case.

The second step in a quiet title action is to notify the defendants of the lawsuit

After the suit is filed with the Court, the defendants in the action must be notified of the lawsuit. This is done by serving the petition and summons to all defendants with known addresses. After exercising due diligence if the defendants cannot be located, the law allows the plaintiff to conduct notice by publication. It is done by publishing the lawsuit in a local newspaper one day a week for three consecutive weeks. Please bear in mind that failure to properly notify a defendant will cause the Court to dismiss the case against that individual. Which allows them to claim a property interest in the future – defeating the purpose of the action. You may face similar issues if you fail to include all adverse claimants (defendants) in the lawsuit.

The third step in a quiet title action is to file a motion for default judgment or attend a Court hearing

If you serve the summons upon the defendants or conducted a notice by publication, they must file an answer with the Court. Failure to answer within the required time allows you to request that the Court enter a default judgment. This document states that the service has been performed upon the defendants or that notice by publication is performed, and that the defendants failed to appear. After finding that all notice requirements have been satisfied and that the plaintiff’s claim is based on solid legal grounds, the Court may enter a judgment in your favor. However, some Courts may be reluctant to enter an order without conducting a hearing on the matter. If that’s the case, then you must appear in front of the judge and show that the defendants have been served satisfactorily under the law, and why you are the rightful owner of the property. After hearing all facts and laws, the judge will make a ruling. A favorable ruling ends up with the judge signing an order declaring you the owner of the property and barring all adverse claimants from making any future claims. The order also called a journal entry then must be filed with the Court clerk.

If you or your loved ones are in need of assistance, contact our real estate lawyer for prompt assistance. We handle quiet title action in Oklahoma. Going through the entire process alone can be confusing, intimidating, and nerve-wracking. We are here to guide you and help you navigate the process every step of the way. Contact our office today via telephone or contact us online. We proudly serve Oklahoma County, Logan County, Grady County, and Cleveland County.