Quiet Title in New York

What Is Quiet Title?

Background

“The object of quiet title claims is the removal of clouds on property which serve as an apparent title such as a deed or instrument that is actually invalid.” (Mortg. Elec. Registration Sys., Inc. v. Bukowski, 2016 N.Y. Slip Op. 30365, 4 [N.Y. Sup. Ct. 2016] citing Acocella v. Bank of New York Mellon (2015) 9 N.Y.S.2d 67.)

In addition, a quiet title claim will lie where the plaintiff seeks recovery of ownership or possession of real property free of competing claims of others. (Id., citing JP Morgan Chase Bank, N.A. v. Mbanefo (2015) 123 A.D.3d 669, 671.)

General Information for Complaints and Motions

“An Article 15 claim to quiet title must include allegations concerning:

the plaintiff's interest in the real property, and the particular nature of the interest;
that the defendant claims an interest in the properly adverse to that of the plaintiff, and the particular nature of the interest;
whether any defendant is known or unknown, or incompetent, etc.; and
whether all interested parties are named.”

(Mortg. Elec. Registration Sys., Inc. v. Bukowski, 2016 N.Y. Slip Op. 30365, 4 [N.Y. Sup. Ct. 2016] citing RPAPL. § 1515.)

Defendants to Quiet Title Action

“Defendants are persons who make claims adverse to the claims of the plaintiff's or persons who appear from public records might make such claims.” (See RPAPL 1501 [1]; Wellington v. Financial Freedom Acquisition, LLC (2015) 18 N.Y.S.3d 33; Mortg. Elec. Registration Sys., Inc. v. Bukowski, 2016 N.Y. Slip Op. 30365, 4 [N.Y. Sup. Ct. 2016].)

Judgment in Quiet Title Action

“The final judgment in the action shall declare the validity of any claim to any estate or interest established by any party to the action.” (Mortg. Elec. Registration Sys., Inc. v. Bukowski, supra, 2016 N.Y. Slip Op. 30365 at 4 citing RPL § 1521)

“The judgment shall also declare that any party whose claim to an estate or interest in the property has been adjudged invalid, and every person claiming under him, by title accruing after the filing of the judgment-roll, or of the notice of the pendency of the action, as prescribed by law, be forever barred from asserting such claim to an estate or interest, the invalidity of which is established in the action, and may direct that any instrument purporting to create any such estate or interest be delivered up or cancelled of record or be reformed of record as the facts may require." (Mortg. Elec. Registration Sys., Inc. v. Bukowski, supra, 2016 N.Y. Slip Op. 30365 at 4 citing RPL § 1521.)

“Judgment may also be given awarding possession of real property to any party together with his damages for the withholding of such property and two or more of such forms of judgment may be awarded in the same action.” (Mortg. Elec. Registration Sys., Inc. v. Bukowski, supra, 2016 N.Y. Slip Op. 30365 at 4 citing RPL § 1521.)

The Court’s Decision

A complaint fails to state a cause of action to quiet title pursuant to RPAPL § 1515 where a “plaintiff's claims are not adverse to the defendant's title.” Prashad v. Deutsche Bank Nat'l Trust Co., 2013 N.Y. Slip Op. 30941, 5 [N.Y. Sup. Ct. 2013].)

A plaintiff's quite title claim fails where plaintiff has no basis to question title to the property [where] “his title to the property was properly divested as of the time [that a] referee's sale was consummated.” (Prashad, supra, id., citing Forbes v. Aaron (2011) 81 A.D.3d 876; Carnavalla v. Ferraro (2001) 281 A.D.2d 443.)

Documents for Quiet Title in New York

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The Estate Of Leona Pastore by Her Executrix Phyllis Beers v. Leonel M Syracuse document preview

MEMORANDUM OF LAW IN SUPPORT

8 pages

FILED: GENESEE COUNTY CLERK 05/01/2024 03:59 PM INDEX NO. E71288 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/01/2024 STATE OF NEW YORK SUPREME COURT COUNTY OF GENESEE THE ESTATE OF LEONA PASTORE by Her Executrix PHYLLIS BEERS, Plaintiff, Index No.: E71288 …

Case Name The Estate Of Leona Pastore by Her Executrix Phyllis Beers v. Leonel M Syr…