Posted by Raymond G on July 18, 2007 at 13:25:34:
Hi There –
Please note: Only a licensed attorney in your state can say for sure. But in my state (Oregon) you might still be able to bring a Forcible Entry and Detainer action, also known as a FED action and commonly known as an eviction action. The Quiet Title action deals with the issue of ownership and a FED deals only deals with the issue of possession – technically, these are two separate issues.
In fact, even if you defeat the Quiet Title lawsuit, you may not be entitled to immediate possession of the property, if you did not request that in your response to the lawsuit. (Warning – Although laws are similar, my experience is Oregon-based. Always consult with an attorney in your state.)
FED actions are handled on a fast-track hearing schedule, so much quicker day in court than regular civil trials. However, it is possible that a FED court judge might decide the issue of possession cannot be decided until the quiet title claim is decided. In that case the claim for possession would have to wait until you beat the quiet title claim.