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When a cloud on the title cannot be cleared with a quitclaim deed, the type of judicial proceeding initiated to determine ownership is a/an:

A. quiet title action
B. suit for partition
C. interpleader action
D. reformation action

1 Answer

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Final answer:

The correct answer is a quiet title action, which is a lawsuit filed to establish ownership of real property and clear any challenges or claims to the title. Other options like suit for partition, interpleader action, and reformation action serve different legal purposes and are not used to clear a cloud on a title.

Step-by-step explanation:

When a cloud on the title cannot be cleared with a quitclaim deed, the type of judicial proceeding initiated to determine ownership is a quiet title action. A quiet title action is a lawsuit filed with the purpose of establishing a party's title to real property against anyone and everyone, and thus "quiet" any challenges or claims to the title. This process allows the claimant to establish clear title to the property in question. Quitclaim deeds may be insufficient to resolve certain disputes because they only transfer the interests that the grantor has in the property, without making any guarantees about the quality of the title.

Options like a suit for partition and interpleader action are used in different contexts. A suit for partition is typically used when owners of jointly-owned property are unable to agree on the management or sale of said property, whereas an interpleader action is used when multiple parties are claiming the same property or money and the holder of the asset requests the court to determine who has the rightful claim. A reformation action is used to correct mistakes in a written document to reflect the true intentions of the parties involved.

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