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A quiet title action is a remedy brought by a party with interest in a property to remove invalid claims of interest in the property. A foreclosure by a party that has the right to foreclose a valid debt under a valid mortgage and note is not considered an invalid claim.

You may be referring to quiet title used as a defense to foreclosure. That type of action is a relatively new maneuver designed to challenge the validity of documents associated with the mortgages that have been recorded during a long period of sloppy lending and careless record keeping by mortgagees and their assignees. It has been used successfully in many states. Attorney workshops are being offered on the topic.

Quiet Title is reported as routine in some jurisdictions but it is not routinely allowed. It is part of the trend toward attacking the vulnerabilities of lenders who have not paid enough attention to the chain of title for holders of notes and mortgages, and toward MERS not being a legal interest holder in mortgages that pass through its system.

In one case in California, the mortgagor filed a quiet title against the lenders who were foreclosing. They did not respond to the lawsuit. The court heard the plaintiffs evidence and the plaintiff won by default.

If you think you may have success with a quiet title remedy you need to find an attorney in your jurisdiction who is familiar with that type of case and who can review your situation and explain your options. It can be a complicated and costly endeavor. The best time to file a quiet title lawsuit is during the foreclosure. The attorney could advise if a quiet title can be pursued in your case after the foreclosure has been completed.

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ADDITIONAL ANSWER:

One has to look at this question from more than one point of view. In addition to people who have lost or are in danger of losing their interests in real property in a foreclosure proceeding, a quiet title action may be filed after a foreclosure by a person who acquired title after or as a result of a foreclosure. For example, if the current owner acquired title after a foreclosure and if the chain of title had some defect prior to and unrelated to the foreclosure, that defect would still exist. The foreclosure does not by itself, wipe out all clouds upon the title especially if notice had not been given to someone with an interest in the property. If the new owner wanted to eliminate that defect and have a clean chain of title, he would file a quiet title action after the foreclosure.

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11y ago
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11y ago

Yes, if the owner of the property granted a mortgage and then failed to pay it.

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Q: Can a foreclosure action go forward against a property that has been awarded quiet title?
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