§4.11 Title at Issue

A tenant may raise the question of title to the property as an affirmative defense to a UD action following a landlord’s quiet title action against the tenant. [See Greenhut v Wooden (1982) 129 CA3d 64, 69–70.] A title defense is also available in a CCP §1161a UD action (eviction following the sale of property). The issue before a UD judge, however, is limited to determining who is the owner of record. A UD action generally is an unsuitable forum for trying complicated ownership issues because of its summary nature. [See Mehr v Superior Court (1983) 139 CA3d 1044, 1049.]