Legal Question in Real Estate Law in California

Not without getting the deed voided; even though you may not have paid for 6 years, the holder of the deed would be able to sue for any amounts due over the last four years as it is a contract and would be able to collect everything beyond and perhaps before also. You need to show the deed to an attorney and explain the facts of the situation; you might not want to disturb the lender or they will foreclose.

No. Why would you think you could unilaterally cancel a deed holder's title and security interests in the property?? Only the deed holder can do so, by re-conveyance. You would have to sue and obtain a court order. The issue will be forced if you try to sell or refi.

You didn't say whether you've paid off the obligation secured by the deed of trust. If the note was fully paid by the last payment you made back in 8/05, you were then entitled to receive a reconveyance from the trustee and return of the original note. Civil Code sections 2941 and 2941.7 cover the duty of the lender to provide a deed of reconveyance once the secured debt is paid off, and discusses penalties for the lender's failure to cooperate.

In addition, there is a relatively new provision in the Civil Code that causes legal extinction of very old mortgages and deeds of trust; see sections 880.020 to 882.040. However, you probably will have a long wait before these provisions kick in to affect your situation.

On the other hand, if you have not paid the obligation, you are still potentially liable for some if not all of the payments and the lender could decide to foreclose, and obviously not in a position to expect removal of the lien.

No, you cannot quiet title to the recorded deed of trust unless you have paid the entire underlying obligation secured by the deed of trust. �It is well established in the law that a mortgagor in possession may not maintain an action to quiet title, even though the debt is unenforceable because of the statute of limitations.� (Mix v. Sodd (4th Dist. 1981) 126 Cal.App.3d 386, 390.)

That rule has also been applied to deeds of trust. The reasoning is that a quiet title action is an equitable action, and a party seeking equity must also do equity.

Additionally, as pointed out by Mr. Whipple, exercise of the power of sale in a deed of trust is governed by a different statute of limitations, known as the Marketable Record Title Act. (Civ. Code, � 882.020, subd. (a).)