The relief granted in an action or proceeding directly or collaterally attacking the judgment in the action, whether based on lack of actual notice to a party or otherwise, shall not impair the rights of a purchaser or encumbrancer for value of the property acting in reliance on the judgment without knowledge of any defects or irregularities in the judgment or the proceedings.
§ 764.060.Rights of Purchaser Or Encumbrancer For Value
Title 10. Actions In Particular Cases · Chapter 4. Quiet Title · Article 5. Judgment · Enacted 1980 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 764.060 protects a purchaser or encumbrancer who paid value and relied on a quiet title judgment without knowledge of any defect in it, by barring any relief in a direct or collateral attack on that judgment from impairing that purchaser's or encumbrancer's rights.
Full Text of § 764.060
Plain-English Summary
A quiet title judgment sometimes gets challenged later — through an appeal, a motion to vacate, or an entirely separate lawsuit attacking the judgment collaterally, perhaps on the ground that some party never got actual notice. This section makes sure that challenge, even if it succeeds, doesn't reach back and hurt an innocent third party.
If someone bought the property, or took an encumbrance on it for value, in reliance on the judgment, without knowledge of any defect or irregularity in the judgment or the proceedings that produced it, that person's rights survive whatever relief the court grants in the attack on the judgment. The protection applies whether the attack is direct or collateral, and whatever the ground for it.
Frequently Asked Questions
If a quiet title judgment gets successfully challenged later, does that undo a sale that already happened?
Not for a good-faith buyer. Section 764.060 protects a purchaser or encumbrancer for value who relied on the judgment without knowledge of any defect, even if the judgment is later attacked directly or collaterally.
Does it matter whether the challenge is based on lack of notice to a party?
No. Section 764.060 applies whether the attack on the judgment is based on lack of actual notice or any other ground.
Amendment History
Added by Stats. 1980, Ch. 44, Sec. 15.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: bona fide purchaser quiet title judgment californiachallenging a quiet title judgment california