Wilenchik & Bartness Obtains Dismissal of Quiet Title Action

Published on April 9, 2015

Dennis Wilenchik and Brian Hembd obtained dismissal of a quiet title action in which the plaintiffs sought title to a property valued at over $3,000,000. The firm succeeded in getting the complaint dismissed on the grounds that plaintiffs never had any actual interest in title to the property, and were merely investors who loaned money to another lender, who actually held an interest in title.

On April 9, 2015, the Arizona Court of Appeals affirmed the Superior Court’s ruling in the matter, holding that “[a]lthough the beneficiary under a deed of trust, like a mortgagee, may have an interest in the property itself, the fact remains he has no interest in the title.” Thus, plaintiffs had no standing to bring a claim for quiet title.