Foreclosure Defense Florida

WOW- Homeowners Win Quiet Title Suit- Mortgagee Stripped!

A home “Free and Clear” of the mortgages that encumber it is sort of the Holy Grail in this foreclosure war.   There have been very few, if any, instances of these judgments being awarded to homeowners, but that should change in years to come as our courts across the country finally come to grips with the fact that the pretender lender and phantom plaintiff paradigms are at odds with the fundamentals of hundreds of years of American real property law.

Amid the securitization frenzy of the last decade, the fact that the morphed, Frankenstein-like mortgage that was developed is out of step with existing laws was just ignored.   This mess has been compounded throughout the collective madness that is Fraudclosuregate, but there are increasingly going to be courts that will follow the existing laws…..

Read the article below….

A Utah court case in which the owner of a Draper townhouse got clear title to the property, even though he still owed $132,000 on it, raises new legal and financial questions about a property-records database created by mortgage bankers.

The award of a title free of liens means that whoever owns the promissory note on the Draper property “” likely a group of faraway investors “” no longer has the right to foreclose to collect on a delinquent loan. Indeed, the townhouse owner has sold the property and kept the money. Those who own the promissory note probably don’t even know what occurred.

Decisions such as the one 3rd District Judge Glen Iwasaki handed down in the Draper case could have a big impact as the state wends its way through hundreds of lawsuits involving foreclosures, loans on properties for more than they’re worth and predatory lending practices that led Utahns to lose their homes as the real-estate bubble burst.

More below….

Salt Lake Tribune

16 Comments

  • litgant says:

    It is about time the rule of law is upheld. And if it was followed in all the 50 states, the banks would have to pay for their fraud just as this quiet title case demonstrates. The problem as I see it is that many lawyers are not filing quiet title cases because they do not know how to, thinking there is some five year ban on doing so. Then there are those who think a quiet title is a red herring and cannot be achieved. I personally believe that if a lender was not a member of MERS, did not record the mortgage with MERS system, then according to the securitization PSA, the mortgage and note could not be transferred to the trust, therefore the trust HAS NO STANDING TO SUE FOR FORECLOSURE. This means the title is not toxic, is dirty, is a cloud on the title and should be cause for a property owner to obtain a quiet title. Many notes were stamped “No Recourse” which means the buyers of the note and mortgage cannot go back and clean anything up that was made illegal or dirty. So, now, who will be the first brave Defender of Justice in Florida to begin filing Quiet Title cases? I am willing to go for it. I think I have good cause.

    • Penney says:

      Hello,

      Read your January 2011 comment on Matt Weidner’s site regarding being the first brave Defender of Justice in Florida for Quiet Title cases.

      I’m in the same boat and would really like to talk to you.

    • daniela says:

      hi,
      thats very interesting.
      what about if i am still the owner of the deed, still living on the property but filed bankruptucy and discharged all debt that i owed to the bank. can i still try to file quiet title?
      daniela

  • Regis Sauger says:

    The “quiet title” scenario could possibly create another feeding frenzy for folks wanting this result. I caution all, that in order to be granted a quiet title, you will most certainly need enough ammunition to enable the Judge to grant it. This comes in the form of solid audits that prove where the money and the paper went. It also requires a very straight forward “road map” so the the Judge can read and understand what your talking about and why he should grant your your request. I created a “quiet title” workshop for Attorneys. It was recently approved by the Florida Bar, Georgia Bar,Wisconsin Bar and the Nevada Bar for continuing legal education credits. If interested you can email me for excerpts from the workshop. Regisp71@comcast.net

    • jake jewell says:

      after submiting legal docs my foreclosing plaintiff has withdrawn from persuing a trustee sale.my next move would be to obtain a quiet title.please respond with appropiate action.Thank you.jake jewell 6126449589

  • Chris says:

    I would like to quiet MERS, how do I do that. I have no idea where my mortage went. No clue

    • Mike says:

      Hi Chris,

      Get a securitization audit and you will know were you mortgage went. You don’t need to quiet MERS, only the entity that is recorded in your Mortgage or Deed of Trust. Start at the county recorders office and obtain a certified copy of your Mortgage or DoT. Then obtain a forensic audit to prove to the judge that the mortgage has been sold multiple times but not transferred to your county records. You then sue the entity on the recoded documents at the county level and since they don’t own it anymore, they will gladly disclaim any rights and interest in it. Unless, the loan servicer is the actual entity on file, then it will be hard to QT.

  • Don W says:

    I attended Regis Saugers workshop in West Palm Beach Florida last year. He & the Dr. provide so much information it will roll your head. They also provide an info, docs and case law to take home on a thumb drive. I highly recommend their course. I have several cases in progress and one is an old Countrywide loan where I am confident we will prevail.

    • Doug Veits says:

      Is regis still doing workshops. I’m looking for some help.
      Doug

    • G. Gee says:

      Is that course still available? I won on appeal but now just sitting on the “reopened” docket. My case was in the 5th DCA FL, US v Gee. I’m pro Se once again and need to figure out what to do now. Currently not living in house. LPS field services sticker on my door saying to call if house not abandoned. All new locks on the property and 4 large tractor tires inside. I called and they said it wasnt them. And the crap continues!
      Thanks for any any help on the follow through! G. Gee

  • Doug Veits says:

    Is regis still doing workshops. where can I find his E-Book

    Doug

  • e jackson says:

    Good Evening,
    Do you have any information on using Electronic Funds Transfer (EFT) to offset mortgage debt?
    Thank you

  • ivan says:

    How can I find a qualified attorney to help me in MS?

  • Hi buddies, how is everybody doing? Wasn’t that a great blog! Thanks! Currently I might just like to learn about mobile marketing. Anybody have the solutions?

  • Debra Denny says:

    HELP> I am poor and age 60 both me and my husband. Our home has been in the estate since 1944. We took possession in 1981. We were foreclosed on Feb 2012 and am still in the home. Had summary judgement before Thanks giving. I am Pro Se. Did a motion to dismiss the summary judgement. Did Offer to Pay Twice and got a statement and the Realtor involved says the bank wants to close escrow by us paying the offer to pay. The thing is they didn’t abide by all the things in the letter. I am sending an offer to pay Judgement, 31 pgs. I am looking at the sheriff coming to my house at any time to evict. I can’t afford a securitization audit. I can follow instructions. I did an estoppel. I did a land patent. (no one will acknowledge). I need to do quiet title? Bankruptcy? Can someone tell me what to do? Debra 208-280-0868
    debbe85@hotmail.com put in house help in subject.

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