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

    2

    Lawyers agree

    1

    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

    1

    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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