California, United States of America
The following excerpt is from Kitajima v. HSBC Bank United States, B258706 (Cal. App. 2016):
6. The quiet title cause of action also fails because it does not allege plaintiffs have tendered the amount due on the debt for which the trust deed serves as security. (Shimpones v. Stickney (1934) 219 Cal. 637, 649 ["It is settled in California that a mortgagor cannot quiet his title against the mortgagee without paying the debt secured"]; Lueras v. BAC Home Loans Servicing, LP (2013) 221 Cal.App.4th 49, 87 [cases holding tender not required where action seeks to enjoin uncompleted foreclosure sale are inapplicable because the plaintiff "sought to quiet title to the property, which he cannot do without paying the outstanding indebtedness"].)
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