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Chapter 2 - § 2.8 • THE DECREE
Jurisdiction | Colorado |
The decree in a quiet title case serves as the final judgment and it is the ultimate goal of the quiet title plaintiff. The decree must name all parties to the action. The decree should list all parties in the caption. This is not the place to name only the first plaintiff or first defendant followed by "et al." The decree must recite the name (including all alternate spellings) of each party in the body of the decree and must specify what interest that party has in the subject property. If the court concludes that a party has no interest in the property, the decree must say so.123
The decree must also include a complete legal description of all property affected by the decree.124 The names and interests held, if any, by each party to the action and the complete legal description must be included in the decree because the plaintiff will record the decree in the real estate records and the decree will act as a document affecting title to the subject property. Following the court's entry of the decree, the plaintiff should obtain a certified copy of the decree from the court clerk and record that in the real property records of the clerk and recorder for the county or counties in which the property is located.
Rule 105(a) states that the court may make such additional orders as may be required in aid of the decree. Such additional orders may be made...
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- Chapter 2 Mechanics of a Quiet Title Action
- Chapter 2 - CHAPTER 2 MECHANICS OF A QUIET TITLE ACTION
- Chapter 2 - § 2.1 • INTRODUCTION
- Chapter 2 - § 2.2 • INVESTIGATION
- Chapter 2 - § 2.3 • LITIGATION GUARANTEE
- Chapter 2 - § 2.4 • LEGAL DESCRIPTION
- Chapter 2 - § 2.5 • JURISDICTION AND VENUE
- Chapter 2 - § 2.6 • RIGHT TO A JURY TRIAL
- Chapter 2 - § 2.7 • DEFAULT JUDGMENT
- Chapter 2 - § 2.8 • THE DECREE
- Chapter 2 - § 2.9 • CIVIL ACCESS PILOT PROJECT
- Chapter 2 - EXHIBIT 2A • COVER SHEET — JDF 601
- Chapter 2 - EXHIBIT 2B • COMPLAINT UNDER RULE 105
- Chapter 2 - EXHIBIT 2C • SUMMONS
- Chapter 2 - EXHIBIT 2D • MOTION FOR PUBLICATION
- Chapter 2 - EXHIBIT 2I • FINAL ORDER AND DEFAULT JUDGMENT
- Chapter 2 - EXHIBIT 2J • DECREE QUIETING TITLE
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