Cancellation, Expungement, Reformation and Quiet Title

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Get a Consult and TERA (Title & Encumbrances Analysis and & Report) 954-451-1230. The TERA replaces and greatly enhances the former COTA (Chain of Title Analysis, including a one page summary of Title History and Gaps).

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Cancellation means to cancel the encumbrance completely, but it does not discharge the debt. To achieve this you would need to show that the mortgage or deed of trust should never have been recorded in the first place — and to show that the only thing I know of that could work is lack of consideration. Today as soon as judges hear that you received a loan, the fact that you say you got it from someone else who is NOT making a claim, is enough for them to rule against you.

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But the less travelled road has a higher likelihood of being considered as being in good faith. If you petition the court to reform the encumbrance because you  have evidence to plead that another identifiable party is the true creditor, AND that the originator was not working for that other party, then you can say that the encumbrance should be reformed to reflect the actual party who paid value for the debt. In the end this might not get you anywhere in terms of a verdict or judgment but if you are fortunate enough to have a judge that allows discovery, the possibilities increase that there will be a declaration of rights.

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Quiet title can only be achieved against certain parties unless the encumbrance has been cancelled. This is more easily done in bankruptcy court where the claimant must file a proof of claim or the borrower submits one on behalf of the party claiming to be a creditor. In that sense the court simply issues a declaration that certain parties have no right to collect, process or enforce the debt, note or mortgage.