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Legal Eagle Esq.
Legal Eagle Esq., Attorney
Category: Business Law
Satisfied Customers: 70
Experience:  Business / Corporate / Real Estate
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A deed of was filed in August 1998 against my home for a ...

Customer Question

A deed of was filed in August 1998 against my home for a business line of credit. The debt was resolved under a gobal settlement which the bank defaulted on and later filed suit on the original debt. The bank dropped the action without explanation. Their action claimed I defaulted on the agreement on 9/1/99. they have never refiled anf the 4 + 4 years statue has run out. I have made two written requests that they reconvey the trust deed. I have not received an answer. Is there a time limit on a deed of trust. before it has to be refiled. This is a California Bank
Submitted: 8 years ago.
Category: Business Law
Expert:  Legal Eagle Esq. replied 8 years ago.

I look forward to helping you.

What you are seeking is to quiet title to your property as regards XXXXX XXXXX Deed of Trust for the lienholders failure to release this lien after the settlement.

You can seek to quiet title against your property to remove the deed of trust - from your writing it appears that the lienholder failed to release the lien at the time of the settlement. Once you attempt to quiet title then the lien-holder will step in to protect it rights under the DOT or otherwise allow the quiet title action to proceed.

But did you arguably breach the agreement? Why did the bank claim you defaulted on the settlement in 1999?