Dear Consumer,
Whether you’re a Pro Se litigant fighting to stop foreclosure fraud or a experienced Legal Professional expanding to the practice of foreclosure defense, the important thing to understand when fighting against foreclosure fraud is that in order to have a proper offense, you have to have a solid defense.
According to Rick Haughton, “if the Pooling and Servicing Agreement is seen as the Bible to the Uniform Commercial Code, then Quiet Title is the Messiah. Stopping foreclosure fraud begins with taking defensive measure to prepare and get all ducks in a row. This means going through all preliminary stages of information gathering such as visiting the Register of Deeds, determining if a loan was securitized, inspecting all documents on record for evidence of fraud, and then doing extensive case study and state law research”.
Far too often, Pro Se litigants and Legal Professionals alike, suffer severe setbacks and losses due to improper preparation, research, and understanding of the facts, while demonstrating an even greater inability to master the structure and tact needed to evidence a claim, echoed Haughton. There are several reasons for these gaping mistakes that are felt nationwide. The fact still remains however, that regardless of structure and tact, foreclosure fraud is fraud; and fraud on a consumer is fraud on the judicial and non judicial court system.
According to Rick Haughton, “if a consumer takes time to properly survey stop foreclosure fraud victories across the country, the unanimous conclusion will be that the majority of victories have been won on the offense. Quiet Title Action is no different”. Quiet Title clears specific issues such as broken chains of titles on home loans and serve a primary purpose of eliminating any and all clouds, thus allowing the property to be free of all liens. The benefit of this offensive maneuvering is that the true and only party left after the dust settles is the consumer. how to be more confident
Quiet title Action Is Offensive Maneuvering how to build confidence
It’s a course of action brought into a court with authority to hear land disputes to establish a person’s claim or title to a particular piece of property, against anyone and everyone who might have any encumbrances, liens or claims thereto. This legal action seeks the court to go into an arrangement wherein the Judge will approve the Final Judgment that proclaims the entitlement rights of the parties involve relative to a specific piece of real property. This same Judgment is recorded in the title registry as well as in the civil court clerk’s office.
An action to quiet title is resorted to when there are various individuals or parties claiming conflicting rights to the same piece of property. To settle the allegations and quiet all other false claims thereto, this impartial legal action is brought to court to resolve as to the title of such a parcel of land in question. The court resorts to a quiet title action to prevent multiplicity of cases for all claimants and interested parties to one such specific property. low self esteem how to build self confidence
Quiet Title Action In Not For All Consumers Facing Foreclosure
The one who files the lawsuit is thereby called the Plaintiff. Said person can either be the owner of the property or another lien-holder who deems that other title encumbrances are mediocre or null compared to the one they are holding, or is defective in a sense. Other grounds for the filing of an action to a quiet title may originate from the following grounds, adverse possession where the new owner take legal action to get hold of the title in his own name; Torrens title registration, an act which ceases all unrecorded assertions; fraudulent passage of a property, possibly by coercion or falsified deed. Grounds for such legal action may include disagreements regarding boundaries of states, towns or private properties and errors in surveying. how to be confident
In all cases of such a legal action, the Plaintiff should prove to the court that his claim to the specific property in question excelled that of other claims. He may further argue, through his attorney that his title is not impeded by the lien that appears in the title registry thru a deed of trust or mortgage deed.
For instance, there is a recorded lien in the title registry of the property you have a title to, in favor of another party, i.e. Mr. Y. The plaintiff must prove that since there was no money payable to Mr. Y, then no obligation therefore exists. In inference from such information, there is no document therefore that could be presented to support a non-existent debt which means, that the mortgage lien is supporting an obligation that is just perhaps a figment of an imagination. The action to quiet title is merely a legal action that declares without doubt as to the real claimant of such property, eliminating all other encumbrances and liens to it. how to have confidence lack of confidence
To learn more about Securitization, the Uniform Commercial Code and Quiet Title Action …Please enter your first name and email address below to watch my free video that explains what you can do to Stop Foreclosure and Save Your Home!
