Legal Question in Real Estate Law in California

Filed Quiet Title action against lender. Defendant failed to answer or appear. Reuqest for Default Judgment filed. Defendant decides to demurr, after default judgment filed. what do I do at this point? Do I answer the BOGUS demurrer? How do I end this insanity once and for all. I'm in pro per.

Thank you


Asked on 9/12/09, 4:48 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

My question to you is how does a queit title action help you. I assume that the lender has not yet foreclosed, so it is clear they are not the owner and you are. So the suit would not be as to anything in dispute. If they have foreclosed and taken the property, you legally have no right to the property. The lender has a reasonable period of time up to 6 months to request a default be set aside based upon mistake, neglect, etc. If the demurrer was filed before the default judgment was entered, there is no valid default [and the Clerk should never have granted one]. Not knowing the exact situation, I can not suggest what you should do next.

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Answered on 9/13/09, 2:12 am


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