Short Answer

In North Carolina, you start a quiet title case by filing a civil complaint in Superior Court in the county where the land sits, naming every person or lender claiming an interest, and asking the court to declare you the owner and cancel forged or invalid instruments. To stop a pending partition sale, promptly record a lis pendens and seek a temporary restraining order/preliminary injunction, and move to transfer the partition special proceeding to Superior Court because title is in dispute.

Understanding the Problem

You are in North Carolina. You want to know how you can initiate a quiet title case in Superior Court to clear title in your name. You are the surviving joint tenant with right of survivorship on a deed from your grandparent, but a relative later recorded a forged deed and loan papers, then filed a partition. You need to stop the sale, remove the relative’s claimed interest, and determine whether to join the estate or the State to recover carrying costs.

Apply the Law

North Carolina law allows a landowner (or someone claiming an interest) to ask the Superior Court to declare their title and remove clouds such as forged deeds or deeds of trust. Partition is a special proceeding before the Clerk, but if title is genuinely disputed, the matter belongs in Superior Court. The main forum is the county Superior Court where the land lies. Because a partition sale can move quickly, you should immediately seek injunctive relief and record a lis pendens to protect your claim against later buyers.

Key Requirements

• Standing and claim of title: Allege and show you hold title or a concrete interest in the property.
• Cloud on title/adverse claim: Identify the recorded deed, deed of trust, or other claim (e.g., a forged deed) that clouds title.
• Proper forum and venue: File a civil action in Superior Court in the county where the land is located; ask to cancel forged/void instruments.
• Join necessary parties: Name the adverse claimant, any lender/beneficiary and trustee under a deed of trust, and any other person whose interest will be affected; use publication if someone cannot be found.
• Protect the status quo: Record a lis pendens and seek a TRO/preliminary injunction to halt a partition sale; ask that the Clerk transfer the partition to Superior Court because title is in controversy.
• Estate/State involvement: Join the estate only if it claims an interest (e.g., insolvency allowing the personal representative to reach assets), and join the State only if it has a recorded lien or statutory claim.

What the Statutes Say

• North Carolina Gen. Stat. § 41-10 (Action to quiet title) – Authorizes a civil action to remove clouds on title and determine ownership.
• North Carolina Gen. Stat. § 1-301.2 (Transfer of special proceedings) – Requires transfer to Superior Court when issues of title, fact, or equitable relief arise in a special proceeding.
• North Carolina Gen. Stat. § 1A-1, Rule 65 (Injunctions) – Provides for temporary restraining orders and preliminary injunctions to stop a sale.
• North Carolina Gen. Stat. § 1-116 (Lis pendens) – Lets you record notice of the lawsuit so later buyers/lenders take subject to your case.

Analysis

Apply the Rule to the Facts: As the surviving joint tenant, your title typically vested at your grandparent’s death. A forged deed from your relative is a classic cloud on title and can be cancelled in a Superior Court quiet title action. Because the relative has filed a partition, you should move to transfer that special proceeding to Superior Court (title is disputed), record a lis pendens, and seek a TRO/preliminary injunction to stop any sale. Join the relative, the lender and trustee on the forged deed of trust; the estate is usually unnecessary unless it claims an interest (e.g., insolvency). The State is only necessary if it has a recorded lien or statutory claim.

Process & Timing

1. Who files: You (as plaintiff). Where: Superior Court in the county where the land lies. What: Civil complaint for quiet title and to cancel forged instruments; motion for TRO/preliminary injunction; notice of lis pendens; motion to transfer the partition proceeding to Superior Court. When: File immediately—ideally before any partition sale occurs or during the upset-bid period after a sale report.
2. Serve all defendants under Rule 4. If anyone cannot be located after diligent search, seek service by publication. The court will set a prompt hearing on the injunction; a bond may be required.
3. After discovery and hearing, seek a judgment declaring you the owner and cancelling the forged deed and related deed of trust. Record a certified copy of the judgment with the Register of Deeds to clear title.

Exceptions & Pitfalls

• Wrong forum: A quiet title counterclaim in the Clerk’s partition case will not be decided by the Clerk; ensure transfer to Superior Court or file a separate civil action.
• Missing parties: Always join the lender and trustee under any deed of trust you seek to cancel; otherwise, cancellation relief may be incomplete.
• No lis pendens: Failing to record lis pendens risks later purchasers claiming priority; record it when you file.
• Service traps: Publication requires diligent efforts first; inadequate diligence can void service and delay relief.
• Estate/State joinder: Survivorship property usually bypasses the estate; join the estate only if it asserts an interest (such as insolvency), and join the State only if a recorded lien or statutory claim exists.

Talk to a Partition Action Attorney

If you’re facing a forged deed and a pending partition sale, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.