Asked in Real Estate Law for California

Q: Once "Quit Title" is granted. does all previous loans, trust of deeds are cleared? And I'm not responsible.

Was given quit title over a fraud lawsuit and title was returned to me. but now I want to refinance and a deed of trust comes out in the title for loan I had no idea.

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2 Lawyer Answers
Manuel Alzamora Juarez
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Answered
  • Berkeley, CA
  • Licensed in California

A: If you were involved in a lawsuit in which you were defrauded and on which you were given a Quit Claim Deed, this fact does not cancel any loans that may have been made with this Deed as a collateral. You need to notify the District Attorney’s office and tell them what has happened and then also approach the bank to find out how they issue a loan without your signature. Very interesting case but one that I am afraid to say will be very costly to litigate depending on the amount of the loan. Best of luck.

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: Not clear whether you are speaking about a "Quit Claim Deed" or that you won a "Quiet Title Action." If you got Quiet Title, it cleared the title to you except for anything excluded in the judgment.

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