Full question:
I got divorce 3 years ago and the original quitclaim to me was signed by my ex husband but the title company lost the original and never sent it to record in city. I would like to file a motion with court in order that the court will sign the deed. Which form can I use for this motion? Under the divorce agreement we agree that I will stay with the house. Thanks can I file this motion by myself? How long does it take for the court to sign for it?
- Category: Real Property
- Subcategory: Deeds
- Date:
- State: California
Answer:
There are various motions that may be used in a lost deed scenario. In some cases, a Motion to Establish Lost Deed is filed. In some cases, a Complaint to Quiet or Confirm Title is filed. It is possible to combine both petitions, as in the case at the link below:
http://cc.bingj.com/cache.aspx?q=%22quiet+title%22+%22lost+deed%22&d=76544607519099&mkt=en-US&setlang=en-US&w=4dd939e4,764924ce
It is possible to file the forms yourself, but it is advisable to seek the assistance of an attorney who is familiar with the complexities of the law and court procedures. After filing a pleading in court, a date for a hearing will be set. The timeframe involved will depend on the caseload of the court's docket, which varies by court. I suggest calling the clerk of courts to inquire about time frames involved.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
