Peters v. New Century Mortgage Corp. CA4/2
Plaintiff and appellant Michael Peters appeals the dismissal of his quiet title action after a default prove-up hearing. Peters filed a complaint seeking declaratory relief and to quiet title pursuant to Code of Civil Procedure section 761.020 against defendant and respondent New Century Mortgage Corporation (New Century) with whom Peters had executed a promissory note and deed of trust in exchange for a loan to purchase property in Moreno Valley.
Peters presents the following issues on appeal: (1) whether a borrower has legal standing to contest a lender’s right to assert a lien against real property, such as a mortgage, and maintain a quiet title action; and (2) whether the facts set forth in the complaint, and as established by the evidence at the prove-up hearing, are sufficient to establish a cause of action to quiet title.
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