Even if You Win, Homeowners Must Quiet title and Clear the Negative Report on Their Credit

This is a nice question to answer for people who have already won their cases successfully defending against a wrongful foreclosure. It is nice because homeowners are winning more and more cases. But it is equally relevant to those who are not in litigation and who think they have clear title and are out of the woods because they are current on their payments. The plain truth is that virtually everyone who has a mortgage lien filed against their property which is subject to claims of securitization, sales into the secondary market, assignments, or other transfers have a problem with title. The time to clear that up is now — not when you are trying to sell or refinance or mortgage the home. The quiet title suit could take several months to resolve.

As for the issue of whether the home can still be subject to foreclosure even after the homeowner has won and judgment has been entered, the answer, I’m sorry to say, is Yes. A Judgement for the Homeowner does not legally bar the same or another “lender” (i.e., pretender lender) from alleging a fresh breach from the lack of payments from the homeowner — especially if the claim is for payments “due” after the judgment was entered. But it is true that they have a lot of explaining to do before they can win, which is probably why we have not seen very many actions like that.

And that again is why a suit to Quiet Title is necessary. In addition, the homeowner’s credit has been wrecked, so that must be restored; and there is possible action for damages for slander of credit and related causes of action.

I think where people have gone astray on their opinion that it is completely over once they win a judgment in court is that the judgment does act as a complete bar to the issues that were litigated.

But the issues that were litigated were the ownership of the loan, proving the balance due, etc and the alleged breach by the homeowner. THAT breach has been litigated, but the failure to pay right after the Judgement could be considered another breach.

And since the Judgment is only against the party who initiated the foreclosure against you it does not act as a bar to another party coming in claiming that they are the owner, or even the same party coming in and saying NOW they are the owner and they are suing on non-payment after the Judgement was entered. There are several defenses to such an action but I think we might see the banks test these theories out over the coming months.

Tags: Judgment for the Homeowner, quiet title, Slander of credit
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