Oral Argument on the submitted Certified Questions from Judge Eileen Hollowell, on September 22, 2011 regarding clarification of non judicial foreclosure in Arizona.
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9 thoughts on “YOUR CHANCE TO BE SEEN AND HEARD: AZ SUPREME COURT 9/22/11”
Beware of following any of the Disanti cases (Mark Disanti v MERS). Mr. Disanti obtains his property at HOA foreclosures (and oftentimes the people living in the homes and making their payments aren’t aware that he now is the ‘junior lien holder’..in the State of Texas he appears as the ‘owner’ when you search the property records) . He evicts the owners (the ones paying the mortgage) and then files the suit for ‘quiet title’ – what he is actually attempting to do is make his ‘junior lien’ a ‘senior lien’. Want more clarification – google mark disanti hoa foreclosure. The only reason he is going against MERS – he would like the court to rule that the wrong person signed the ASSIGNMENT papers for MERS.
Monday 11 July 2011
That could very well be, tnharry, but the point was the additional case
cite,s re doing quiet title, as a learning tool. A bit like having a few
important cases go against MERS that eventually opened the flood
gates.
Quiet titile can be an important approach, but I have not seen very
many examples. Anyone that finds more, please post
@edgetrader – that second case was way more interesting than the first. i think the first case turned more on procedural issues than substantive issues. if MERS hadn’t already lost via default and then missed the standard appeal deadline they wouldn’t have had to try the “hail-mary” appeal they did try. it was a procedural long shot and didn’t work.
@edgetrader—sometimes if you have more than one link posted there is a delay from the “moderator”…nothing personal…
that’s funny – based on some of my posts having made it on i just assumed there was very little site moderation going on
Monday 11 July 2011
Can someone from the monitoring of this site give me feedback on
why my post re quiet title case cites did not get approved on this
thread?
it’s not as though that event would have allowed you to be heard either. it’s like watching a movie…there’s no audience participation involved
For those who live in the sold out state of BANKINGZONA what can we do to have our voices heard????
Sunday 10 July 2011
Here are two cases re quiet title in non-judicial states. There seems
to be a concerted effort from so-called expert[s] in quiet title suits to
keep successful cases unknown on the premis of “Don’t try this at
home.”
At one time, the same was said of individuals seeking to defend
themselves in FC court over the “complexity” of how courts and atorneys
handle such cases. Turns out people ain’t as dumb as some would suggest, and one piece of information led to several more. One case
led to yet more, etc, etc, etc.
The first case; Nancy Groves v MERS, [both are from the non-juducial
state of Texas] gives excellent pointers on what to include and argue
in doing your own quiet title. [Arizona, subject of this thread, is also
a non-judicial state.]
http://stopforeclosurefraud.com/2011/05/02/mers-loses-quiet-title-appeal-in-texas-affirms-trial-court-judgment-of-voiding-deed-of-trust-mers-v-groves/
The second, Mark Disanti v MERS, is how to handle a quiet title that
has been removed to “federal jurisdiction.”
http://stopforeclosurefraud.com/2011/02/18/tx-appeals-court-raises-questions-splitting-of-the-deed-of-trust-from-the-note-mers-v-disanti/
In both instances, there are numerous case cites to drill down into any
necessary detail. Start a quiet title folder and accumulate important
information that may utlimately be of help when you find those who
“know” are unwilling to help.
Cheers!