Will a quiet title action force Bank of America to show me the note
I am not in foreclosure nor in default. My payments are current. I want to force them to show me the note. Just because I like lawyers and want to keep them employeed.
Answer
It sounds like you also like to waste your money and time. There is no requirement that a lender be forced to produce the note simply because a quiet title action is filed, and case law in California has been very clear that it is not a prerequisite to a nonjudicial foreclosure. The fact that you are not in default indicates that you would not even have standing to survive a demurrer to a quiet title action showing that there is some dispute over your title.
Civil Code section 2943, subdivision (b)(1) provides that a beneficiary must provide a copy of the promissory note and a beneficiary statement within 21 days of a demand from a trustor. Have you tried that?
Answer
That section does not take effect until 1/1/14.
Answer
Looks to me as though both the existing and the 1/1/2014 versions of CC 2943(b)(1) require delivery of a copy of the trustor's promissory note. The key word here is "copy." Neither version of the law says anything about showing the original promissory note.
Answer
Mr. Whipple is correct that the existing version of Civil Code section 2943, subdivision (b)(1) requires a complete copy of the promissory note.
I rummaged around and found a 2008 Thompson West copy of California's Civil Code, and the requirement was on the books then. I traced the California Assembly Bill amendment information, and the requirement was part of California's law since at least 1994. I got hungry and went to dinner, but I imagine it has been in place for some time. So I have no idea why Mr. McCormick is stating that it does not take effect until 2014.
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