Quiet Title actions- Suit for Quiet Title
I have long been researching quiet title actions against lenders who have placed MERS as the beneficiary on a deed of trust, and where the note has been separated from the deed of trust as the lender sells the note to another party or stream of additional parties through the securitization process. When MERS is listed as the beneficiary or nominee of the lender and the deed of trust states that only the actual true lender has the ability to move the deed to another party through a foreclosure action, MERS is simply not a party of Interest. MERS has no skin in the game. They have received no payments nor have they paid any money to any party in the mortgage transaction. They have no beneficial interest in either a foreclosure, an reo sale, a mortgage modification or a quiet title action against the lender. They are very simply a straw man variable to be manipulated at will by the lenders and their attorneys allowing them to state that MERS is foreclosing on behalf of whatever party they say as most of the times they have no clue who really owns the note nor do they have any proof of ownership . MERS is a piece of alchemy created by lenders, owned by lenders to allow a huge clusterfuck of mortgage notes to make no difference when servicers go to foreclose on homes as the real estate market precipitously dropped as they knew it would. MERS allows the mortgage lenders to take a “Lets foreclose on them all and sort out the money later” attitude. There are a vast array of cases across jurisdictional boundaries upholding the 1872 US Supreme Court precedent Carpenter v. Longan, 83 U.S. 271, at 274, including Landmark v Kesler in kansas which states that when the note is separated from the deed as in the case of a MERS nomination, the deed becomes a nullity and the remedy is Quiet Title. read this from mr. Neil Garfield. Plan your attack accordingly. (I am not an attorney and do not give legal advice) We do have a few great pleadings though. Fill out the form to the right if you want a free copy of our quiet title pleading. Let us know if you are an attorney or a distressed homeowner. We may be able to find you great local counsel. We have counsel in California filing quiet title actions. Our california quiet title action is based on the model used in Utah by Walter keane to nullify the trust deed. Although Als office is in Southern California we have relationships with attorneys throughout the entire state of California for appearances required for a California Quiet Title action
PRIMARY CAUSE OF ACTION – THE DEED OF TRUST IS NULL
QUIET TITLE IS THEREFORE REMEDY TO THAT NULLITY
1. Between July to August 2006, a now-bankrupt Countrywide Home Loans Inc. in conjunction with US Bank N.A., illegally decoupled (separated) ownership of a note,which listed Countrywide Home Loans Inc., – from ownership of the Arizona-recorded Deed of Trust, which in contrast listed the ‘beneficiary’ as MERS. (Maricopa County Recorder #2006-10000). This now-bankrupt Countrywide Home Loans Inc. note was created in the name a previous owner of Plaintiff’s property at _____________.
2. During this origination period, Countrywide Home Loans Inc. and US Bank N.A. well knew long-standing black letter mortgage law – the 1872 US Supreme Court precedent Carpenter v. Longan, 83 U.S. 271, at 274, inter alia, which states any separation of the Note from the Deed of Trust is a Nullity.
“The note and mortgage are inseparable; the former as essential, the latter as an incident. An assignment of the note carries the mortgage with it, while an assignment of the latter alone is a nullity”.
3. In the last 24 months, Carpenter v. Longan, 83 U.S. 271, at 274 has been repeatedly used as foundational precedent throughout this county, as the basis for illegal nullity in numerous courts including the Kansas Supreme Court in Landmark Nat’l Bank v. Kessler, 216 P.3d 158 (2009); and the Supreme Court of Arkansas in Mortgage Electronic Registration Systems. Inc. v. Southwest Homes of Arkansas, 2009 WL 723182 (2009), inter alia, and many others.
COUNT I
QUIET TITLE, A.R.S. § 12-1101, et seq.
4. Plaintiff repeats, re-alleges, and incorporates by reference the foregoing paragraphs.
5. Plaintiff holds title to its subject property at _________________.
6. Plaintiff is credibly informed and believes that these non-real party(ies) in interest Defendants make some claim adverse to Plaintiff.
7. A null security agreement is unenforceable for foreclosure or cloud on title in Arizona. Quiet Title is the only remaining option.
8. Defendants’ Decoupling Separation violates the long-standing precedence of Carpenter v. Longan, 83 U.S. 271.
9. Said Deed of Trust was indeed separated from the note, one or more times, making it null, deficient, and illegal.
10. Said nullity is an improper cloud on title.
11. WHEREFORE, Plaintiff requests that judgment be entered against Defendants as follows:
A. Judgment establishing Plaintiff’s estate as described above;
B. Judgment barring and forever estopping Defendants from having or claiming any right or title to the premises adverse to Plaintiff;
C. Judgment for Plaintiff’s attorneys’ fees and costs;
D. Such other and further relief as this Court deems just and proper.
Excerpt from Arizona Quiet title action… Interesting
We are actively looking for TILA and RESPA familiar attorneys WHO HAVE ALSO filed quiet title actions in the following cities: Please contact us if you are a bankruptcy or litigation attorney in one of these areas who files rescission actions or quiet title actions against mortgage lenders and wish to partner with a real forensic mortgage auditing shop.
New York New York
Los Angeles California
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I am in need of an attorney that “gets it” for Comal County Texas, New Braunfels is the County Seat. Closest large cities would be San Antonio and Austin Texas.
I am a member of Neil Garfield’s Livinglies and have a short list of Texas attorneys from Neil’s Blog plus another I’ve compiled. I copy them here for your files.
Richard Roman
El Paso, TX 79902
915-351-2679
George Gore
Sugar Land, TX 77478
877-408-3328
Billy Price
Dallas, TX 75231
214-696-9600
David Torok
Friendswood, TX 77546
281-317-8666
James Giuffre
Houston, TX 77069
713-739-7900
Thank you so much for your work.
Kenn
I’m looking for a lawyer here in Chicago. Illinois that can fight like Mr. Greg Bryl in Virginia. If you know somebody, I desperately need one & for my friends. We’ve been looking since Nov. 2010, most of the lawyers I talked to will just discouraged us. My lawyer told me that the judge will just shoot it down, so I went to another lawyer who told me that I will not get any merit from my Quiet Title action.
I need to get a securitization audit on my mortgage in Portland, OR. In forclosure with a sale date of April 22, 2011. How much would this cost?
Thanks for the advice, are actually looking a number of nights for this.
We are in foreclosure court with BAC Home Loans Servicing L. P. fka Countrywide Home Loans L. P. MERS was the original mortgagee then a few days prior to the Foreclosure action executed and recorded assignment to BAC Home Loans L.P. We have now discovered signature on mortgage assignmet was not VP of MERS as shown but rather an employee of Bank of America. Note indorsed in Blank was attached to complaint, no they produce note indorsed to Countrywide Inc. (not Countrywide Home Loans L.P.) We have also verified that this is a FNMA loan, meaning it almost certainly has been securitized. We submitted a rescission letter to BAC, as servicer, and FNMA as Investor but have received not response. Are looking for template to file Quiet Title action in district court causes of action TILA violations, UCC violations, Fraud and offset. We plan to apply the theory that they have not disclosed true lender thereby our three years has not begun. Can you help
Just sent HAMP mod pkg to Aurora along with a REST Report
asking for principal reduction and current interest rate.
Waiting to hear from them.
Could you please provide me with the name of an excellent attorney in Northern CA. (San Jose, Santa Rosa, San Francisco, Sacramento or East Bay)? The servicer I am fighting is Aurora LS. Thank you, Amy Sheaffer
please send me template for quiet title. thank you so much. i have MERS and need to do this asap. have a wonderful day!!
Can this Quiet title action save my home from foreclosure or is this a hype?
please refer me to some quiet title action lawyers in palmdale, ca
Teresa.. please call us immediately 540-341-1481 Jeff or marc..
Looking for an attorney who can fight my foreclosure fraud, in the Indianapolis, Indiana area. What are your costs to perform the EXAM? Thankyou in advance for any help you may provide.
are you familiar with quiet title actions in Georgia? our loan was originated by TBW in 06/08 14 months before the FBI closed their doors. It is/was a FHA guaranteed loan.
I believe BOA pushed us into foreclosure in order to generate a claim for FHA reinbursement. I believe that BOA then used the money received on the fraud claim to either pay off the investors or to buy the now defaulted loan out of the trust for pennies on the dollar.
Have you heard of anyone else raising this question?
call us miss bizzy bee..
Jeff Greenberg
After years of qualified written requests in accord with section 6 RESPA, Wells Fargo Home Mortgage finally gave me information on the trust my mortgage was in (Citigroup Mortgage Loan Trust asset backed securities series 3); however they did not give me the series and I had to search all late 2006 citigroup mortgage trust filings on the security and exchange commission website.
Much to my surprise that since 2008 (I refinanced in June 2006) the trust no longer exists due to the filings having ceased. I noticed that all of the Citigroup Mortgage Loan Trusts that include mortgages from 2006 no longer exist. There have been no filings after 2007 2008. Someone got paid off on my mortgage.
Anyhoot, I have the evidence that my Note and Deed were indeed seperated (of course MERS as nominee for the original lender). Hopefully I will get my bankruptcy petition filed soon listing all parties including John and Jane Does (Investors) as unsecured creditors.
Very suspicious too, that Wells Fargo Home Mortgage, the entity that simply services my loan, is listed on my credit reports and they claimed to have opened my mortgage account with me on the same day I signed my loan documents with Challenge Financial Investors Corp (d/b/a and trademark CFIC Home Mortgage) which is a Florida corporation no longer in business. I looked at all saved credit reports since 2006 and found Wells Fargo pulled my credit report WITHOUT my permission just after CFIC pulled it.
I have worked for attorneys since 1987 with the last attorney specializing in bankruptcy. I know any entity wishing to pull credit reports must have a signed document from the potential debtor. Wells Fargo violates the law on a regular basis.
Don’t stop demanding information by qualified written request in accord with RESPA. I finally got the information by sending another qualified written request in which I stated they were violating TILA RESPA Fair Trade, etc. Although the information was vague I was able to find out the note and mortage was seperated and I was able to review the Pooling and Servicing Agreement of the Trust that included my mortgage Wells Fargo attempted to say they hold the mortgage and note evidencing an Allonge signed by a person as VP of CFIC; however I check the Florida Secretary of State and the CT Sec of State websites, this person was never VP.
To make matters worst, the Release of Mortgage I recieved for the loan refinanced out of was robo-signed. I sent payment to Iowa, teh Release was signbed and acknowledged in CA by a CA Notary and then it was sent to me from a MN address. I requested, from the CA Notary, a copy of the line in her Notary Journal showing she notarized the Release. She replied the line entry does not exist. I feel she went along with robo-signing by merely robo stamping her notary stamp and then allowing robo signers to sign her name. Shes listed as being employed by Wells Fargo but when I called her, the voice mail announcement does not state “you reached ____ of Wells fargo. Another person called me back on her behalf, when I asked who was calling the woman just stated her name and did not state what company she was calling from. When I called this woman back she simply answered her phone stating her name.
Ahhhhh what a tangled web BIG BANKs have weave in an attempt to decieve.
The JACKPOT of my dilema is that CFIC wasn’t even registered with the CT Department of Banking when I was mortgage bdoing business with them. They applied 2 months after my loan was sigened sealed and delivered
DON’T GIVE UP PEOPLE, KEEP FIGHTING
I have a mortgage from Countrywide Home Loans also, dated November 2006 and the beneficiary is MERS, Mortgage Electronic Registration Systems, Inc. of Official Record in the County of San Joaquin, State of California signed by Susan Treadway (signature looks fake) and Teresa Navarro (signature looks fake) I have no default or lien notices on this property but I have been threatened.
Please send my information to an attorney in the Northern California area who can help me quiet this title.
Thank you so much.
Brenda
I have many clients and potential clients in the Newark NJ area where we are strongly considering quiet title actions based on all of the robo signer, MERS and related fraud issues and I would like to discuss this with you at your convenience. Thanks Gary
I am trying to find a lawyer familiar with chain of title analysis to help me contest my foreclosure with the goal of resolution, not just stalling the foreclosure. Are you one? I am in New Jersey.
Gary, our office is in Clifton NJ if you are still looking for help or info on helping homeowners on a quiet title action process,give me a call we may be able to help.
973-471-3300 ext 1004
Can anyone recommend a quiet title lawyer in Baltimore?
My deed and note have been separated and the investor was Duetsce bank but they may have even sold it again.
Im geting a atorney…..is the best think i can do !!
Any one in Orlando, Florida who has done a Quite Title Action in their home after been in a Strategic Default or at least done a successful Quite Title Action in their home for any reasons?
I am looking for an attorney in North Carolina ,please help I have several cases ready to go .Thanks Wendell
Looking for an attorney to file a quite title on a California House to try and stop the foreclosure and sue my lender. The lender commited fraud giving me the loan and
Does anyone have a template for a Quiet Title action in MA? ‘Lender’ was 1-800-East-West, MERS is ‘nominee lender’. Just before pursuing foreclosure, MERS as “original mortgagee” assigned mortgage to Deutsche Bank.
In my client’s case, he was a co-borrower and no longer lived at the property. Other co-borrowers were supposed to refinance in their names only, and client was assured by their attorney it was being done. Per their written contract, he then conveyed his interest by quitclaim deed over to co-borrowers. Four years later, they stopped making payments. Client was never noticed of foreclosure and only learned when he was contacted about providing docs for a short-sale. Foreclosure sale set for next month, but I do not see that the matter was even disposed yet on land court web page.
Seems a Quiet Title action and motion for injunctive relief would be the way to go, but I could sure use a template if anyone could help. I just want to be sure to do this right.
For Wendell Long: I too am looking for an attorney in North Carolina who gets it about securitization and quieting the title. Have you had any luck finding one? If so, email me? dsthills@gmail.com
I’m in Albuquerque, NM. I need a lawyer who understands Quite Tile in NM and who is versed in the whole MERS illegality issue vis-a-vis Carpenter v. Longan, etc. I was sued for foreclosure by BAC Home Loans Servicing LP with an apparrently fraudulent note assignment made by MERS on behalf of BAC (from Home Loan Center, Inc.). The assignment document is dated as having occurred THE DAY BEFORE the filing of the foreclosure lawsuit itself, and the document does not appear to be official with the county; it merely has the signatures of a notary public and that of a MERS “assistant secretery”. BAC’s lawsuit was dismissed w/o prejudice in Sept of 2011 for lack of prosecution. BAC has yet to refile. In the meantime I would like to file Quite Tile. I would greatly appreciate any help in this regard. Thank you.
Looking for an Illinois attorney to handle quiet title suit. Please contact me at ibecker17@aol.com
Thanks!
I’m looking for an attorney in Georgia who “gets it” and can assist me in stopping a foreclosure against BofA and filing a quiet title action. Please contact me at neuma777@comcast.net. Thank you.
Where is an attorney that can handle and proof of previous quiet title actions? I paid an attorney that said he was versed in robo signed mortgage papers,quiet title actions, well went there and he knew just as much I me, told me he looked up cases the night before our meeting that failed in Calif and at the $200 45min meeting handed me them and said it cannot be done. Told him I saw the same case laws didn’t need his copies and thanks for nothing. Just gave him $200 for his weekend fun, crook.
So I would appreciate some help and an attorney that can do and have some type of genuine experience in quiet title,robo signed assignment of deed of trust.
I have a securtization audit, a robo signer and a quetionable chain of title. Can you help me to find quiet title case’s in Ct? I have already put in discovery and no answer.
Hi i am looking for to do the Quiet Title Action in New York please email me at ibzp12@gmail.com Thank You