Is Arri eta Claim and Quiet Title the same thing ? If not , how do they differ ?

Asked over 1 year ago - Los Angeles, CA

I am a homeowner fighting a Unlawful Detainer eviction

Attorney answers (2)

  1. Frank Wei-Hong Chen

    Contributor Level 20


    Lawyers agree


    Answered . They are completely different concepts. An Arrietta claim is when an occupant of a rental dwelling who is not named in the unlawful detainer lawsuit asserts a claim of right of possession. A quiet title action is used when a person claims legal ownership to real property, or wishes to remove unauthorized or improper liens clouding the title.

    If you are a homeowner who is being foreclosed upon or has been foreclosed upon, and are now being evicted, you need to both defend the unlawful detainer lawsuit AND file a separate civil lawsuit for wrongful foreclosure and have to two actions consolidated. The wrongful foreclosure action will most likely include, as one of its causes of action, a claim for quiet title.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  2. Michael Raymond Daymude

    Contributor Level 20


    Lawyer agrees

    Answered . It appears you were once a homeowner and now are not following a non-judicial foreclosure. You should seek legal counsel to help you determine your best course of action under the exact facts of your case. Good luck.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more

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