As Courts Become Friendler to Homeowners, Now what? — Quieting Title

TIME FOR ACTION

For services to attorneys and homeowners —

Call 520-405-1688  for West Coast and 954-495-9867 for East Coast

The turning point has arrived as I noted a few articles ago. Courts are acknowledging that the so-called lenders are evading discovery and not making a prima facie case. The Banks are slowing the filing of the foreclosures because it is obvious they have no basis for collection or foreclosure. But the homeowners who are winning these cases are being faced with a problem: the mortgage is still on record, they can’t get title insurance, they can’t get a new loan, and their credit is ruined by the wrongful foreclosure that was filed. They also can’t sell their homes because of the unenforceable mortgage that is in the county records.

The answer appears to be a lawsuit to quiet title which really can be met with little opposition. And a second action for slander of credit and identity theft looks promising to clear the negative credit reports and collect damages. For more information on this see my blog posts in 2007 and 2008, where I predicted we would get to exactly this point. While the policy makers were passing laws and enacting draconian rules of procedure to clear the calendar of foreclosure cases caused by what they thought were dilatory defenses, it is now revealed that it is the plaintiffs that have delayed the cases not the homeowners. And while all of that was happening an increasing number of cases were being tried and won by homeowners as lawyers came up to speed on the facts and the law applied to these ridiculous instruments that are treated as though they were true notes and mortgages.

Thus for homeowners, whether they are behind in their payments or not, you have a problem caused by Wall Street criminal behavior: you won’t ever have  clear title or be able to get title insurance unless basic issues concerning the status of your title and your mortgage are resolved. It is time for offense — not because it wasn’t right when I first proposed it in 2008 — but because the judicial system and the public finally understand that the loans (all of the securitized loans) were neither properly securitized nor were they debts in any sense of the word. Those “debts” were fictional. And the real lenders were never documented as such so there cannot, as a matter of law, be a valid mortgage on the property.  Just because someone filed a mortgage in the county records doesn’t mean it is a valid document of an actual transaction. And just because money showed up on the closing table doesn’t mean it came from the “lender” in the closing documents.

The laws were constructed to prevent this situation from happening. But the complexity of how Wall Street bent the lending process in half so that nobody but insiders knew whether they were coming or going. No you probably don’t owe any money on that loan on paper but yes you probably did owe money to someone when the loan was made. No that wasn’t disclosed to you, nor were the true fees of the investment banks and their friends despite very specific instructions in Federal Law and very specific consequences — everyone who made money on your loan without you knowing it owes it back to you with interest, attorney fees and potentially treble damages.

Where do you start? By getting the information in the public records, in the public domain and then using it with  Qualified Written Request and Debt Validation Letter Under two different federal statutes. Information is king! You should be doing all this regardless of what point you are in litigation. Assume the foreclosure is wrongful until proven otherwise.

Step One? Call our customer service line for the new Super Combo which includes the QWR and DVL.

Call 520-405-1688  for West Coast and 954-495-9867 for East Coast

Courts Become Friendlier to Homeowners Who Get Title But No Title Insurance

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