As we’ve explored in this blog series on Quiet Title actions in Michigan, there can be a straightforward end to the process if a Default Judgment entered. However, that is not always the case. If a defendant files an answer to a Quiet Title Complaint, the case generally proceeds to the litigation phase, similar to other civil matters. Here’s an overview of the key steps involved in litigating a quiet title action after the answer has been filed:
1. Pretrial Motions
– Motion for Summary Judgment: If the facts are strong, and not in dispute and the plaintiff believes they are entitled to judgment as a matter of law, they may file a motion for summary judgment.
– Motions to Dismiss: Alternatively, if the facts are legal deficiencies, or elements are not met, the defendant may file motions to dismiss based the plaintiff’s claim.
– Motions in Limine: These motions may be used to limit the scope of evidence that can be presented at trial.
2. Discovery Phase
– Interrogatories, Depositions, and Requests for Production: Both parties may engage in the discovery process to gather evidence. This may include depositions of witnesses, gathering documents related to the property’s chain of title, and requesting relevant public records.
– Expert Witnesses: In some cases, especially where there are complex title issues (e.g., conflicting surveys or boundary disputes), parties may employ experts, such as surveyors or title examiners, to testify.
3. Pretrial Conference
– Before trial, courts may hold a pretrial conference to discuss the readiness of the case for trial, narrow the issues, and attempt settlement. The judge may also encourage the parties to resolve the dispute through alternative means, such as mediation.
4. Settlement Negotiations
– Mediation: Courts often encourage settlement discussions. A quiet title action can be resolved if both parties reach an agreement, typically through a negotiated settlement where one party agrees to a quitclaim deed, compensation, or another form of resolution.
5. Trial
– Bench or Jury Trial: Quiet title actions are typically decided by a judge (bench trial), though in some jurisdictions, a jury may be involved.
– Presentation of Evidence: Both parties present evidence, including title documents, deeds, and testimony from witnesses. The plaintiff bears the burden of proving their title to the property.
– Arguments on Legal and Equitable Grounds: Because quiet title actions involve both legal and equitable issues, arguments may focus not only on strict legal ownership but also on fairness and equitable claims, such as adverse possession.
6. Judgment
– The court issues a judgment determining the rightful ownership or interest in the property. This judgment will typically quiet the title in favor of one party, resolving any disputes or claims against the title.
7. Post-Judgment Motions and Appeals
– Post-Judgment Motions: Either party may file motions for reconsideration or to modify the judgment.
-Appeal: If a party believes the judgment was incorrect based on legal errors or an abuse of discretion, they may file an appeal to a higher court.
8. Recording the Judgment
– Once a judgment is rendered, it should be recorded with the County Register of Deeds of where the property is located to ensure the public records reflect the decision. This is essential for ensuring that the title is “quieted” and any clouds on the title are resolved.
If you are a plaintiff or defendant in a potential quiet title action, please contact one of our attorneys for assistance to prepare for you the litigation stages discussed here and defend your property rights.
