Will an Action to Quiet Title stop the foreclosure and is it it the correct step that I need to take?

No, not likely. An action to quiet title is normally used AFTER a trustee's sale takes place. http://www.attorneyqna.com/legal-guides/ugc/post-foreclosure-quiet-title-actions-in-california?ref=kb_serp_title_2 You are going to have to look for an alternative legal theory to bring a lawsuit, and then seek a temporary restraining order and preliminary injunction to stop the trustee's sale. Just filing a civil lawsuit will not stop the foreclosure sale. http://www.attorneyqna.com/legal-guides/ugc/obtaining-a-preliminary-injunction-to-stop-a-foreclosure-in-california?ref=kb_serp_title_3 http://www.attorneyqna.com/legal-guides/ugc/considerations-for-seeking-preliminary-injunction-to-stop-foreclosure-in-california?ref=kb_serp_title_1 http://www.attorneyqna.com/legal-guides/ugc/seeking-quiet-title-in-wrongful-foreclosure-cases-in-california?ref=kb_serp_title_3

We have handled many of these lawsuits, and the issues are fraught with concerns for both the homeowner and the lenders. Before our office can assist you, there are a few fundamental questions: 1) Do you own your home? (I assume from your description above title is in your name alone) 2) Did you enter into a Written Loan Modification Agreement, or have some other written agreement, (your loan modification papers described above would be a solid start) 3) You performed & Paid As Agreement Listed, 4) Bank *STILL* broke agreement, and 5) Have enough money to bring loan current Not all these questions are dispositive, but they can help us guide you to the best plan of action. Please contact our office to set an appointment. www.WBLawGroup.com 559-431-4888

These cases are getting much more difficult for the Courts (at least here in Southern California) to believe because of the many foreclosure rescue scams that have bombarded the Courts with bogus lawsuits filed on behalf of borrowers. If your home hasn't yet been sold at a trustee sale, then you probably don't have a wrongful foreclosure claim yet because there has been no foreclosure. A Quiet Title claim can support a TRO and Preliminary Injunction, but most Courts require that you allege that you have "tendered" full payment or done everything you were supposed to do before you file a lawsuit as a Quiet Title cause of action is an equitable cause of action based out of "fairness". Given the legal bias of most Courts created by so many bogus lawsuits, "Fairness" flows to the banksters more often than not. If you have done everything you were supposed to do contractually, then you could have a shot at it. There are also other legal theories that may work like a 2923.5 claim if the lender didn't try to contact you before filing the Notice of Default or Promissory Estoppel but more facts are necessary to evaluate. Your best bet is to find an attorney that is local to where you are that practices real estate law. Your probably not going to find one who can do it on a contingency, but you may find one that will take some money up front and take monthly payments. A local attorney will know the particular bias of the Court that you will need to file in and be better able to give you an assesment of the likely hood of success. If you can't find a local attorney, then you may want to consider hiring an attorney to help you draft a Complaint, Exparte Application for a TRO and OSC RE; Preliminary Injunction, Declarations in Support thereof. The first choice should be to find an attorney to represent you in Court from the start to the finish, but if you can't do it, it is prbably better to have an attorney draft the docs for you as it takes years to learn how to competently draft legal docs. I do know a couple of attorneys that might help with that. Just visit my website and send me an email if you want a referral. www.slglawyer.com Finally, there are some very good resources to find some help from attorneys. There are two that I visit regularly and I have listed them below. If you find this answer as being helpful, please mark it as such.

NO, filing a quiet title action is not going to stop a foreclosure sale that is scheduled in 3 weeks. That last part is the single most important point. This is the 11th hour. Hire counsel immediately. NO you cannot hope to represent yourself in this, it is far too complex. You have an answer here from a Fresno real estate lawyer- call him immediately. He sounds very intelligent, but he is not Siegfried, Roy and the Tigers. You need to give him time to work, all the facts, all the documents, and perhaps time to negotiate a settlement.. He is going to have to go into court and get a TRO--and be prepared to take out your wallet. He is going to try to save your house for you on an expedited schedule.