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Johnson v. GMAC Mortgage Corp.2/22/2005
n 527.150 governs quiet title actions. It says:
1. Any person claiming any title, estate or interest in real property, whether the same be legal or equitable, certain or contingent, present or in reversion or remainder, whether in possession or not, may institute an action against any person or persons having or claiming to have any title, estate or interest in such property, whether in possession or not, to ascertain and determine the estate, title and interest of said parties, respectively, in such real estate , and to define and adjudge by its judgment or decree the title, estate and interest of the parties severally in and to such real property.
2. And upon the trial of such cause, if same be asked for in the pleadings of either party, the court may hear and finally determine any and all rights, claims, interest, liens and demands, whatsoever of the parties, or of any one of them, concerning or affecting said real property, and may award full and complete relief, whether legal or equitable, to the several parties, and to each of them, as fully and with the same force and effect as the court might or could in any other or different action brought by the parties, or any one of them, to enforce any such right, claim, interest, lien or demand, and the judgment or decree of the court when so rendered shall be as effectual between the parties thereto as if rendered in any other, different or separate action prosecuted therefore.
Section527.150.
Contrary to the trial court's ruling, it should not matter that GMAC "has not asserted a claim to a fee title interest" because section 527.150 does not apply just to fee title interest but to any "interest" in such property. And section 527.150.2 further specifically mentions " liens."
Nonetheless, respondents maintain that Mr. Johnson likewise has failed to state a claim for relief on his quiet title claim because he has not alleged either tender or an offer of tender. Respondents reason that GMAC had no duty to release the deed of trust until Mr. Johnson either tendered or offered to tender repayment, and, therefore, Mr. Johnson cannot show that GMAC's interest was invalid.
The parties agree that Mr. Johnson's quiet title claim is very similar to his declaratory judgment claim. Indeed, the Missouri Supreme Court has said that the judgment in a quiet title action under section 527.150 is " essentially a declaratory judgment and such actions impose on the court the same duty, namely to make a declaration of rights regardless of which party is entitled to it." Evans v. Brussel , 300 S.W.2d 442, 444 (Mo. 1957); see also Winter v. Northcutt , 879 S.W.2d 701, 706 (Mo. App. S.D. 1994) (citing Evans and suggesting that "there may be little, if any, difference between an action to quiet title and an action for declaratory judgment.").
Thus, the analysis of Mr. Johnson's quiet title claim is substantially the same as the analysis of his declaratory judgment claim. For the same reason that we conclude Mr. Johnson has stated a claim for declaratory relief, we likewise conclude that he has stated a claim to quiet title. Mr. Johnson has alleged that GMAC violated TILA and he has alleged that he duly rescinded the loan agreement. When a borrower exercises his right to rescind under TILA, "any security interest given by . . . , including any such interest arising by operation of law, becomes void upon such a rescission." 15 U.S.C.A. section 1635(b). And within twenty days after receiving notice of rescission, the lender must -- among other things -- "take any action necessary or appropriate to reflect the termination of any security interest created under the transaction." Id . The borrower's obligatio
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