Certified Forensic Loan Auditors, LLC

 
  Upcoming Classes

Search CFLA's Article Archive:

What is a Quiet Title Action?

avvo.com | January 12, 2014

By Frank Chen

What is a quiet title action and can it be used on a house being foreclosed on with several title problems?

A quiet title action is used when a person claims legal ownership to real property, or wishes to remove unauthorized or improper liens clouding the title. A "complaint" is the name of the document which initiates a lawsuit. An "action" refers to the case or lawsuit. In California, to assert a cause of action to quiet title, the complaint must be verified and meet the other pleading requirements set forth in California Code of Civil Procedure section 761.020: (1) a legal description of the property and street address; (2) title of plaintiff and basis of title; (3) adverse claims to title of plaintiff; (4) date as of which determination is sought; and (5) a prayer for determination of title of plaintiff against adverse claims.

Generally speaking, a quiet title action probably won't work in the context of a wrongful foreclosure case because the law requires that the borrower attacking a voidable sale must do equity by tendering the amount owing under the loan. The tender rule applies to all causes of action implicitly integrated with the sale. (Arnolds Management Corp. v. Eischen (1984) 158 Cal.App.3d 575, 579.)

 

Back to January 2014 Archive

CFLA was founded by the Nation's Leading Foreclosure Defense Attorneys back in 2007 to serve the Foreclosure Defense Industry and fight pervasive Bank Fraud. Since opening our virtual doors, CFLA has rapidly expanded to become the premier online legal destination for small businesses and consumers. But as the company continues to grow, we're careful to hold true to our original vision. For us, putting the law within reach of millions of people is more than just a novel idea—it's the founding principle, just ask Andrew P. Lehman, J.D.. With convenient locations in Houston and Los Angeles, you can contact Our National Account Specialist and General Manager / Member Damion W. Emholtz at 888-758-2352 for a free Mortgage Fraud Analysis or to obtain samples of work product, including cutting edge Bloomberg Securitization Audits, Litigation Support, Quiet Title Packages, and for more information about our Nationally Accredited and U.S. Department of Education Approved "Mortgage Securitization Analyst Training Certification" Classes (3 days) 24 hours for approved CLE & MCLE Credit (Now Available Online).

SEE BELOW- http://www.certifiedforensicloanauditors.com

Call us toll free at 888-758-2352

Bookmark and Share
spacer
Facebook Like us on Facebook
Twitter Follow us on Twitter
YouTube View our YouTube Videos
LinkedIn Connect to us on Linkedin
 
BBB Logo

 

spacer
Contact us or view our Sample Documents & Audits by completing the form below.

  • Reload
  • Should be Empty:




 

DVD Sets Only $99

 

FREE Mortgage Fraud Analysis

 

Order Cutting-Edge Services Now

 

Quiet Title Packages from Licensed Attorneys

 

Affiliate Services

 

CFLA Sponsored Attorney Links

 

Take-Home Education Package