Legal Question in Real Estate Law in California

Promissory estoppel is a substitute for consideration in a breach of contract cause of action. They are usually used in oral contract situations, which is governed by a two year statute of limitations. Contracts based on a writing are governed by a four year statute of limitations.

Usury is governed by a complex set of laws, with many exemptions. Usury is best described as a minefield. The general statute of limitations governing usury is two (2) years. Only interest paid within that two year period is recoverable, but does not begin to run until the borrower repays the loan. The statute of lmitations for recovering treble damages for usury is one year. The treble damges is not subject to the exeptions applicable to the statute of limitations for recovery of interest.

The Supreme Court has held that civil RICO actions are governed by a 4 year statute of limitations.

Forgery is not a civil action, but rather a crime.

There is no specific statute of limitations for an action to quiet title by itself. Some courts recognize quiet title as an equitable remedy, and the doctrine of laches applies, rather than a statute of limitations. The applicable period of limitations in a quiet title actions is based on the theory of relief in the underlying cause of action. For example, if the underlying cause of action is seeking to set aside a deed, mortgage or other conveyance and to recover possession on the ground of fraud or mistake is subject to the 3 year statute of limitations based upon Code of Civil Procedure, section 338(d), which commences to run upon plaintiff�s discovery of the facts constituting the fraud or mistake.

Credit reporting is not a cause of action.

Misleading statements are generally governed by the statute of limitations governing fraud, which is 3 years.

Not holding a deed of trust is not a cause of action, nor is it wrong for a deed of trust to be held in a trust. A prospectus is not a caues of action. It is a printed document that describes the main features of an enterprise that is distributed to prospective buyers or investors. For example, under SEC regulations, a publicly traded corporation must provide a prospectus before offering to sell stock in the corporation.

I can tell from these alleged causes of action that a lot of these are "garbage" labels that are attached to ineffective pleadings that I have seen circulating on the internet in vain attempts to set aside what is usually a valid foreclosure. I strongly advise you to stop reading a lot of misleading information on the internet, and speak to a competent real estate attorney familiar in this area of the law.

Statutes of limitations depend upon the essential nature of the cause of action being pleaded, rather than its label, so exercise some caution and discretion. Also, some limitations periods begin running immediately upon the act or omission sued upon, while in other cases the planitiff must first discover (or should have discovered) the facts upon which his case rests.

With that preamble, here's what I think are the applicable limitations periods:

1. Usury. One year for the treble damages, etc. penalties set forth in the code, but two years for common-law damages; see Stock v. Meek (1950) 35 Cal.2d 809 at pages 816, 817.

2. Truth in Lending (a Federal statute). 3 years per Code of Civil Procedure section 338(a).

3. Civil RICO. Same (3 yrs).

4. Forgery. Civil forgery, 3 years from the date of discovery of the facts constituting the fraud. CCP 338(d).

5. Quiet Title. There is no statute of limitations for an action to quiet title to real property, but there is a statute of repose regarding "ancient mortgages and deeds of trust" (Civil Code section 882.020 et seq.) providing that in certain cases very old liens will be disregarded; often the time-frame is in the 60 year area.

The balance of items you mention are too vague to research as causes of action with statutory limitations periods, but typically there's probably going to be a three-year period within which an action for these items can be filed without the defendant having a defense based on the claim being stale.