Legal Question in Real Estate Law in California

If the bank can't show me the mortgage note for my property can I file a "quiet title action" to establish myself as the owner of the property?


Asked on 6/10/10, 10:46 am

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

No.

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Answered on 6/10/10, 2:04 pm
Anthony Roach Law Office of Anthony A. Roach

Arguably you are in a catch-22. There is a long line of case law that a debtor in possession of real property cannot quiet title to his property against a mortgagee out of possession without paying the debt, or offering to pay the debt.

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Answered on 6/10/10, 2:04 pm
John Fu

I agree with Attorney Michael Stone. No, you can not quiet title. In fact, there is a 1979 California case on point. Good luck.

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Answered on 6/10/10, 3:08 pm


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