Another win with Quiet Title Action

We just keep winning cases. It takes time and careful planning as well as skillful crafting of legal arguments and even then it sometimes takes an appeal to reverse a bad lower court decision. The hard truth is that Foreclosure defenses based on Quiet Title actions, Wrongful foreclosure and lack of standing are difficult, time consuming and costly; just not as costly as losing a home to a pretend lender.

While we do litigation support nationally for Pro Se litigants and Attorneys in our network, we have come to the painful conclusion that Pro Se litigants (clients that represent themselves in court) are at an extreme disadvantage in front of a judge. Our mentor Neil Garfield spoke on this many times even though he did everything he could to empower and educate homeowners to defend themselves. The courts are just simply prejudiced against Homeowners who represent themselves. There is no room for error when defending against an illegal foreclosure. This case we reference here is an example of that.

Our head of Research, Donna Steenkamp,  was instrumental in doing the kind of research and documentation of evidence that reversed a bad lower court ruling sending it back to the lower courts where now,  Carrington Loan Servicing and the pretend lender they represent, Wilmington Savings Fund Society as Trustee for Stanwich Loan Trust A are scrambling and making huge concessions and settlement “offers.” for a loan that falsely also included a bad transfer to Ocwen.  The Court and Carrington’s attorney admitted the Ocwen transfer was a “wild deed,” although improperly labeling a false assignment as a “deed.”

In this case a Quiet Title action combined with a Motion to Strike the false chain of Assignments, a Wrongful Foreclosure claim, and Lack of Standing arguments turned the tide for the homeowner. If the party has no legitimate “standing” to proceed with foreclosure, a proper defense must document everything in a way that simply cannot be ignored or disputed by the court. We do that with expert Quiet Title research and legal strategy, expert affidavits by those qualified to testify at trial if needed, and skillful presentation to the court by qualified Attorney’s. We assist our local counsel every step of the way in every state in this great country.

Most critical, it is important to keep in mind exactly what is being accomplished by each document – Note, Deed of Trust/Mortgage and Title Deed.  A  ‘foreclosure’ defense is an argument for valid enforcement of the DEBT, whereby DEBT ownership may not be required as a servicer may be acting as “agent” to the alleged lender, foreclosing on their behalf. 

However, establishing a TITLE claim plays a more important role as the DEBT, in most cases, no longer is secured by TITLE to the property, due to no fault of the homeowner.  This occurs nearly every time in a securitized loan scenario as the Deed of Trust/Mortgage were never legally transferred to the foreclosing Trust, pursuant to the requirements of the governing Trust documentation (PSA, Prospectus, etc), securities and trust law in the state where the Trust was formed (not the state where the property lies!) and US Tax Code, causing it to have become a “prohibited transaction” under IRS guidelines.  The DEBT was effectively separated from the ability of the alleged lender to make a TITLE claim as payment for the defaulted loan.

Improper Assignment and endorsement does not transfer TITLE.  A Deed of Trust/Mortgage is an ancillary contract that states “if you default on the Promissory Note, we can take TITLE to the property as payment for the default.”  It does NOT convey title.  No title – NO LEGAL FORECLOSURE.

Whether you are in foreclosure or not, this information is critical to understand before you begin defending yourself at their game.  Start by first learning who is actually reporting ownership of your loan on Wall Street to investors.  In many cases, it is NOT who appears in county land record or who is foreclosing.  Official County Records, where titles lie, should match the same paths of debt transfers and title claims as is being reported to the IRS and the SEC.  We’ve learned in nearly every case, it is very different, therefore ‘clouding title.’

In this case, Wilmington claimed debt ownership, however the loan had been transferred into  Countrywide Alternative Loan Trust 2005-51 as of its closing date, September30, 2005 as was being reported to investors and the IRS.  Therefore, the entire chain of debt ownership alleged by recorded Assignments starting in 2011,  was false as there was no transfer of the loan and therefore securing title to the Countrywide Trust appearing in county land record. 

IWilmington  Savings  Fund Society,  BAC Home Loan Servicing, Ocwen, Stanwich Loan Trust A nor Wilmington’s ARLP Loan Trust A had no claim and never did.  All recorded Assignments were false warranting a Motion to Strike them from record.  Title and any claim against title never moved past the homeowner.  The loan became an unsecured debt as of the real Countrywide Trust’s closing date in 2005.

Interrogatories, discovery and admissions is where they will fall flat as they cannot provide critical data and evidence to support their false claims.  Our attorney network is trained to make these unique arguments, so let us help you save your home against an unlawful foreclosure.

Foreclosure defense is a unique specialty we inherited from Neil after our mentorship by him. It’s why so many readers of our blog complain about not being able to find an Attorney qualified to help them in a foreclosure action. There are not a lot of attorneys able to take on a case like this. That’s why the assistance and strategy of our team in these cases is so critical to a successful outcome.

Need help in assessing your case? Does your attorney need our help? Use our services to help guide you through the process early enough to avoid mistakes that can cost you your home in an illegal foreclosure action. Call our office today at 844.583.5339 to inquire if we can help. You can also submit a case statement here and get a complimentary recommendation as to your best course of action.

FORECLOSURE DEFENSE IS NOT SIMPLE. THERE IS NO GUARANTEE OF A FAVORABLE RESULT. THE COMMENTS ON THIS BLOG AND ELSEWHERE ARE BASED ON THE ABILITY OF A HOMEOWNER TO WIN THE CASE NOT MERELY SETTLE IT. OTHER LAWYERS HAVE STRATEGIES DIRECTED AT SETTLEMENT OR MODIFICATION. THE FORECLOSURE MILLS WILL DO EVERYTHING POSSIBLE TO WEAR YOU DOWN AND UNDERMINE YOUR CONFIDENCE. ALL EVIDENCE SHOWS THAT NO MEANINGFUL SETTLEMENT OCCURS UNTIL THE 11TH HOUR OF LITIGATION.

But challenging the “servicers” and other claimants before they seek enforcement can delay action by them for as much as 14 years or more. In addition, although currently rare, it can also result in your homestead being free and clear of any mortgage lien that you contested through Quiet Title Actions. (No Guarantee). Yes you DO need a lawyer.

Tags: foreclosure defense, foreclosure offense, securitization
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