Obtaining a default judgment in a Michigan quiet title action is a plaintiff’s best case scenario, but not a given. A default judgment may be sought when a defendant fails to respond to the complaint within the required time frame after being properly served. In quiet title actions, where title to real property is in dispute, the court may enter a default judgment to quiet title in favor of the plaintiff if the defendant does not answer or appear.
As previously discussed, after filing the Quiet Title Complaint, the following step is service of process. To ultimately seek a default judgment, the plaintiff must first properly serve the defendant(s) with the summons and complaint. Under Michigan law, personal service is preferred, but if a defendant cannot be found after diligent efforts, service by publication may be allowed, pursuant to Michigan Court Rule (MCR) 2.106.
Personal Service: If the defendant can be located, they must be served personally with the complaint by delivering a copy of the summons and complaint to defendant, pursuant to MCR 2.105
Service by Publication: If the defendant cannot be found after diligent efforts, and evidence of the same, the plaintiff may seek court approval to serve by publication. This involves publishing notice in a local newspaper and mailing notice to the defendant’s last known address.
Entry of the Default
If the defendant fails to file an answer or appear within the time allowed by the court rules (21 days after personal service or 28 days after service by publication), the plaintiff can request an entry of default under MCR 2.603(A). The plaintiff must first file a Request for Default: request for entry of default with the court indicates that the defendant has failed to respond. Once the Request for Entry of default has been filed, the court clerk will review that the Plaintiff properly served the Defendant, and then the court clerk will enter the default against the defendant upon receiving the request. The default signifies that the defendant has not contested the claims made in the complaint.
Motion for Default Judgment
After the entry of default, the plaintiff can proceed to seek a default judgment. This is the stage where the Plaintiff’s requested relief is entered through a Court Order. This requires filing a motion for default judgment under MCR 2.603(B). In a quiet title action, the motion must include sufficient evidence to support the plaintiff’s claim to the property, as the court still needs to ensure the validity of the plaintiff’s title. The Plaintiff should provide supporting documentation and evidence of their ownership or interest in the property, such as deeds, title searches, affidavits, or other documents that establish the plaintiff’s right to quiet title.
Plaintiff must also provide notice to a defaulting defendant: The defendant should be given notice of the plaintiff’s motion for default judgment, even if they have failed to appear, as required by MCR 2.603(B)(1).
Hearing on Default Judgment
In some instances, if the motion and supporting documents are sufficient, the court may enter the default judgment without a hearing. In other cases, if the court requires more information, or if the circumstances are complex, a hearing may be scheduled where the plaintiff can present additional evidence to support the request for default judgment. The court may schedule a hearing on the motion for default judgment, especially in a quiet title action where the court must make a determination about property rights. The court will review the motion, supporting documents, and any evidence presented by the plaintiff.
Entry of Default Judgment
If the court is satisfied with the plaintiff’s evidence and finds that the defendant has been properly served and failed to respond, the court will enter a default judgment quieting title in favor of the plaintiff. The judgment will declare the plaintiff’s title or interest superior to any competing claims made by the defaulting defendant. The judgment may also cancel or void any liens, encumbrances, or claims by the defendant.
Recording the Judgment
Once all is said and done, the plaintiff should record the default judgment with the county Register of Deeds to ensure that the judgment is reflected in the public record.
