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

Los Angeles, CA |

I am a homeowner fighting a Unlawful Detainer eviction

Attorney Answers 2

  1. 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 general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

  2. 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 general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

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