Home Loans and Support

Quiet Title Action? Why or Why Not?

Discussion in 'The Lounge - Anything goes here!' started by Social Apocalypse, Mar 11, 2010.

  1. Social Apocalypse

    Social Apocalypse LoanSafe Member

    I read this and wondered about it.

    The best way to smoke out the REAL LENDER is by filing a lawsuit seeking to quiet title. This has already been done successfully in dozens of cases in many states. We are tracking what people are reporting. In almost ALL cases where this was the central focus of the attack against the pretender lender, the homeowner was awarded quiet title by DEFAULT. (The other side never answered).

    Couple of questions I have to anyone who might know:

    Exactly WHO does the title company contact to contest claims to the title? If it's only the ones listed on my deed of trust at my county, then I have a strong suspicion that this might be an interesting strategy... none of them are involved in any way with my mortgages any longer.

    What is the potential negative consequence of performing a quiet title action if unsuccessful? In other words, why WOULDN'T someone do this who believes their note and title are screwed up? Would this not, by default, inspire a situation where the current lender must prove that they own it, if they DO somehow respond?

    This interests me very much.

    Thoughts?
  2. ManicMangaManiac

    ManicMangaManiac LoanSafe Member

    Social Apocalypse,

    i tried to use this strategy myself with regard to my mortgage, but couldn't find a law firm/attorney willing or able to help me with this :( I know that Option One was the original lender, AHMSI is the servicer and Wells Fraudgo, the trustee (who produced the original note in court) but this was a securitized mortgage with investors and those transfers were never recorded with the register of deeds. I still don't know if I have a legit case for quiet title action and at any rate it's probably too late since my house was bought by Wells at auction. i still would like to fight back some way for what these scumbags did to me and my mental and emotional wellbeing!

    Sally
  3. Social Apocalypse

    Social Apocalypse LoanSafe Member

    WHO gets notified during a "quiet title" action? Just the entities on the Deed of Trust filed at my County? If that's so, then the "owners" of my "loan" will not be notified. They are not on the deed, and the ones that are are either out of business, or probably wouldn't BOTHER to let them know... because they are so buried in bad news.
  4. UnderWaterInWA

    UnderWaterInWA LoanSafe Member

    Attorneys have to be educated - by us.

    This is all about the title.

    I hired a very young attorney to help me negotiate a settlement on my second mortgage with HFC - which he successfully did within about 3 months to the tune of 15 cents on the dollar. Now I'm trying to educate him on this strategy which is what I'd like to use on my first mortgage - we'll see where it goes.

    To become intimately familiar with all of this, I've been educating myself via information posted here:

    Chink in the Armor

    and

    Home Page
  5. Jeffrey L. Shurtliff

    Jeffrey L. Shurtliff LoanSafe Member

    If you have a Deed of Trust you are on the Title. It is called a Warranty Deed or a Grant Deed. Forget the Quiet Title a waste of money. Forget the Securitization Audit too. Not going to work. Been there and done that.
  6. UnderWaterInWA

    UnderWaterInWA LoanSafe Member

    hmmm... A little more detail would be nice. :(

    How, specifically have you 'been there' and what specifically was your situation. Each situation is different so rather than post 'been there, done that' - a little more detail would be valuable.
  7. Jeffrey L. Shurtliff

    Jeffrey L. Shurtliff LoanSafe Member

    US District Court State of Utah Northern Division 1:10CV165. I asked them to show the note. They do not have too. Warranty Deed in my name with a Deed of Trust as security. If you are in a non judicial state same goes for you.
  8. maryseas

    maryseas LoanSafe Member

    Well, it looks like in every state this is different. Oregon courts are starting to insist that MERS trust deeds show the note and proper recording of all assignments of the trust deeds to different owners. They've not been able to do this in a number of federal court cases, and recently one state court case voided an already accomplished foreclosure because the assignments on the trust deed were not recorded. Find out what the laws are in your state, and better yet look up the existing court cases.
  9. ndebt86

    ndebt86 LoanSafe Member

    To UNDERWATERINWA ,I' m interested in your numbers,I have a second with HFC,first with Countrywide.House is under water as value to loan balance between the 2 notes.Can you give some more info as it relates to HFC,thanks.
  10. Onyxx

    Onyxx LoanSafe Member

    An Oregon Case- Dismissed. Read the fine print on your Notes and DOTs

    Oregon Judge Affirms MERS as Valid Beneficiary
    Multiple rulings state MERS has authority to foreclose

    FOR IMMEDIATE RELEASE
    CONTACTS:
    Janis L. Smith
    Phone: 703-738-0230
    Email: janiss@mersinc.org
    Karmela Lejarde
    Phone: 703-761-1274
    Email: karmelal@mersinc.org
    Reston, Va., August 12, 2011—Oregon Federal District Court Judge Michael Mosman this month issued three separate rulings that affirm the role of Mortgage Electronic Registration Systems, Inc. (MERS) to act as deed of trust beneficiary in Oregon.
    In his ruling in Beyer v. Bank of America (Aug. 1, 2011), Judge Mosman dismissed the plaintiff’s wrongful foreclosure complaint, which alleged that MERS is not a proper deed of trust beneficiary. Judge Mosman found that MERS met the definitional requirement of “beneficiary†under Oregon’s Trust Deed Act because the trust deed “grants MERS all powers necessary to be a beneficiary.†The judge cited the section of the deed of trust that grants MERS the right to act on behalf of the lender, and noted that MERS’ role as beneficiary does not change the borrower’s rights and obligation to pay the loan. Judge Mosman found that this grant of power to MERS “is consistent with…Oregon statutes and policy, and the intent of the parties….†Finally, Judge Mosman ruled that the plaintiff’s contention that the promissory note should have been presented during a non-judicial foreclosure is “meritless,†because Oregon law governing non-judicial foreclosure doesn’t require the presentation of the note.
    In Barker v. GMAC Mortgage (Aug. 3, 2011) and Neilson v. Wells Fargo (Aug. 8, 2011), the plaintiffs in each case were seeking preliminary injunctions to stop non-judicial foreclosures based on the allegation that MERS cannot be a proper trust deed beneficiary. Citing his Beyer opinion and order, Judge Mosman found that both plaintiffs failed to show a likelihood of success on the merits of their claims.
    “MERS is a proper beneficiary, as evidenced by the Deed of Trust, and has the right to exercise those steps necessary to recover the debt owed to the lender…†wrote Judge Mosman in the Neilson decision.
    “The court’s ruling in all three of these cases affirms that MERS’ role as trust deed beneficiary is legitimate under Oregon law,†said Janis L. Smith, MERSCORP Vice President of Corporate Communications. “The Beyer decision also emphasizes that MERS’ role as beneficiary doesn’t change borrwer’s rights or their obligation to make mortgage payments as agreed.â€
  11. freedomwon

    freedomwon LoanSafe Member

    Have you had any success yet in getting the attorney to negotiate the 1st mortgage as you did with the 2nd? I'm thinking it's been about 3 months now.
  12. Jeffrey L. Shurtliff

    Jeffrey L. Shurtliff LoanSafe Member

    Freddie Mac has filed an unlawful detainer on me and wants $4000.00 a month from me. I have filed a Motion to Dismiss for "Failure to State a Claim for Relief to be granted". The briefing for it is in the state court because they are prosecuting me under Utah Law. The Motion to Dismiss changes it to a lawsuit. The breifing is now over and I have also filed a Quiet Title Action pursuant to Utah Law Title 78B-6-1301. I did this because I can prove an unlawful sale and show that I am the only one with a lien on the title. Late next month will be the trial.
  13. Chuck77

    Chuck77 LoanSafe Member

    UnderWater -

    I also live in WA state and need advice of how to settle with HFC (The have my 2nd) I am about 17 days late and I am receiving calls about 7 times a day. Would you be willing to refer your attorney to me? I am not sure how to start the search for a good attorney or how to start the settlement process on my own.
    NACA was unable to help me as out because income allows us to make the payments on our 1st and 2nd. I am current on my 1st (Chase) and plan to continue to pay them. But HFC refuses modify the interest rate (14.6%) and I am unable to refinance because I do not have enough equity. My house was appraised at 295K. I owe Chase 215K and HFC 67K. With the little equity I have I don't know if HFC will proceed with a foreclosure process. Would they for that little equity?
    Thank you!</SPAN>
  14. Chuck77

    Chuck77 LoanSafe Member

    3


    Underwater would be willing to refer your attorney? I am in a similar situation in WA state. Thank you
  15. HeavySigh

    HeavySigh LoanSafe Member

    It sounds like you've been through a nightmare. Have you had the trial yet?
  16. Jeffrey L. Shurtliff

    Jeffrey L. Shurtliff LoanSafe Member

    This has been a nightmare. I made a deal to give possession back to Freddie Mac under the unlawful detainer with the understanding they would drop the action. I have also informed my senator on King Freddies antics and have asked the Senator who made Freddie mac corporation a king in this country. They did so that is history, however I have a Motion to disqualify the judge in my lawsuit covering the same issues in the Unlawful detainer. I have also filed a Quiet Title Action with an order before the court to sign that I can record on the property.

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