In a foreclosure situation, what is the difference between a quiet title suit and a declaratory judgment?
Question Details: We are homeowners currently approved for a modified mortgage under the HAMP program, yet our bank is stalling, now going on 3 years. We feel they may not have actual legal standing, since they may not have access to the original note. We've talked to an attorney who suggests that we wait for their lawyer to send us the mandatory letter that they are commencing judicial proceedings, and then file a declaratory judgment. But if a quiet title action is relatively simple, shouldn't we proceed with that before we're brought into court?