Best & Flanagan


Real Estate: Title Work

Our attorneys assist clients on various title matters, including title opinions, title insurance, land registration proceedings and title-related litigation. We represent insured owners and lenders seeking to file actions to quiet title, as well as for declaratory judgment for a court declaration on the respective rights of parties in and to the real property.

We defend quiet title claims pertaining to the validity of an interest or lien on public record. We are particularly effective in resolving lien priority disputes pertaining to:

  • Late or unrecorded instruments
  • Quiet title actions to clear title from dead or expired loans
  • Relief from clouds on title due to fraud or lines of credit
  • First, second and other junior mortgages between and among lenders and purchaser

We also resolve disputes between the lender and other stakeholders of the real estate asset when the priority of secured interests in the real property is at stake. Such scenarios have included discrepancies involving deeds of trust and mortgages; equity lines of credit; mechanics, materialmen’s and judgment liens; and liens for water, utilities and property association dues. We employ tactics such as the reformation of instruments, declaratory judgment, quiet title, equitable liens and subrogation in order to protect our client’s interest.

We are also called upon to provide assistance and co-counsel to other attorneys for complex title matters.