Q: Forcible Detainer appeal and quiet title action at the same time.
A fraudulent Warranty Deed was recorded and then sold and new owner filed a forcible detainer action against the "rightful" owner claiming they had a rental agreement which they did not and failed to serve the owner (tenant) in accordance with the rules and were awarded a judgment and a motion to set aside was filed and the Justice Court denied it so my question is can an appeal be filed and rent paid to stay in possession of the property and at the same time file a quiet title action and request an injunction to remove the fraudulent Warranty Deed.
A:
In situations involving complex legal disputes such as this one, it's essential to navigate the legal system with careful consideration. You can indeed file an appeal against the judgment of the Justice Court while simultaneously pursuing a quiet title action to dispute the validity of the Warranty Deed. The appeal would challenge the forcible detainer action's outcome, and during this process, paying rent to maintain possession could be a viable option, depending on the jurisdiction's specific laws and rules governing such cases.
Simultaneously, filing a quiet title action seeks to establish your ownership of the property by removing any claims or liens against it, including the challenge against the fraudulent Warranty Deed. Requesting an injunction as part of the quiet title action can provide a legal means to temporarily halt any further actions based on the contested deed until the court makes a determination on the matter. This step is crucial for protecting your rights and interest in the property while the court reviews the details of the case.
Given the complexities of your situation, it would be wise to consult with an attorney who has experience in property law and can provide tailored advice and representation. Legal professionals can help navigate the appeals process, assist in filing a quiet title action, and work towards obtaining an injunction. Their expertise will be invaluable in ensuring that your case is presented effectively and your rights are safeguarded throughout these proceedings.
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