Robin v. CrowellAnnotate this Case
In this quiet title action, plaintiffs, holders of a first deed of trust on certain property, judicially foreclosed, but failed to name defendant, the holder of a second deed of trust on the same property, as a defendant in that action. Plaintiffs subsequently sought to quiet title to correct their mistake and to terminate defendant's lien.
The Court of Appeal concluded that the statute of limitations on a judicial action to foreclose the first deed of trust had run, and the lien had been extinguished, prior to the filing of the quiet title action. In this case, the 60-year statute of limitations on which the trial court relied applied only to a nonjudicial trustee's sale; the trial court could not exercise the trustee's power of sale through a quiet title action after the expiration of the statute of limitations on a judicial action to foreclose; and, after the judicial foreclosure sale, there was no trustee holding title to the property who could transfer title through a trustee's sale. Therefore, plaintiffs' action was barred by the statute of limitations. The court reversed and vacated the trial court's judgment and entered a new judgment in favor of defendant.