A Quiet Title action is a lawsuit that a person files to establish their title against adverse claims. For example, what if a signature is missing on the deed of trust, and the deed of trust is foreclosed? Was it a necessary signature, for example, the wife of the owner, when the wife was not on the deed? In a recent decision from Grenada Hills, the Note Holder started the process for a trustee’s sale, and the owner filed a quiet title action. He claimed that it was community property, and there is a legal presumption that it is community property, so the deed of trust could be voided by the wife who did not sign it. He was right!

Sacramento-Deed-of-trust-attorneyIn Trenk v. Soheili, as a result of a Settlement Agreement in an unrelated matter, Trenk agreed to pay $100,000 and executed a promissory note and a trust deed on the Residence to secure the obligation.

Trenk stopped regular payments on the note after 2003, and by 2018 he still owed about $75,000. Soheili began nonjudicial foreclosure proceedings in January 2018. The Trenks then filed this lawsuit to clear title to their house, alleging that the trust deed was no longer enforceable.