Legal Question in Real Estate Law in California

Will a quiet title action force Bank of America to show me the note

I am not in foreclosure nor in default. My payments are current. I want to force them to show me the note. Just because I like lawyers and want to keep them employeed.


Asked on 7/05/12, 2:50 pm

4 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

It sounds like you also like to waste your money and time. There is no requirement that a lender be forced to produce the note simply because a quiet title action is filed, and case law in California has been very clear that it is not a prerequisite to a nonjudicial foreclosure. The fact that you are not in default indicates that you would not even have standing to survive a demurrer to a quiet title action showing that there is some dispute over your title.

Civil Code section 2943, subdivision (b)(1) provides that a beneficiary must provide a copy of the promissory note and a beneficiary statement within 21 days of a demand from a trustor. Have you tried that?

Read more
Answered on 7/05/12, 3:08 pm

That section does not take effect until 1/1/14.

Read more
Answered on 7/05/12, 3:51 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Looks to me as though both the existing and the 1/1/2014 versions of CC 2943(b)(1) require delivery of a copy of the trustor's promissory note. The key word here is "copy." Neither version of the law says anything about showing the original promissory note.

Read more
Answered on 7/05/12, 4:57 pm
Anthony Roach Law Office of Anthony A. Roach

Mr. Whipple is correct that the existing version of Civil Code section 2943, subdivision (b)(1) requires a complete copy of the promissory note.

I rummaged around and found a 2008 Thompson West copy of California's Civil Code, and the requirement was on the books then. I traced the California Assembly Bill amendment information, and the requirement was part of California's law since at least 1994. I got hungry and went to dinner, but I imagine it has been in place for some time. So I have no idea why Mr. McCormick is stating that it does not take effect until 2014.

Read more
Answered on 7/05/12, 6:04 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California