Livinglies's Weblog

It is our theory that the real party in interest on the lender side is the owner of the asset backed security issued by the SPV. The security is usually a “securitized” bond deriving its value from the underlying mortgages of which yours is one. Thus a quiet title action against “John Doe” and served by publication might eliminate the mortgage and note. Here is a form which you can use at your own risk. It is probably wise to state rescission, fraud and offset as reason for the quiet title It is from a law firm in California:

(Name, Address Of Party or attorney)

____________

____________

____________

State Bar No: ______

(____) _____ – ________

Attorney for _______ (Or “In Pro Per”)

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

 

COUNTY OF ________ 

 

 

[PLAINTIFF(S) NAMES] Plaintiffs,   v.     [DEFENDANT(S) NAMES] Defendants ________________________________

)  ) ) ) ) ) ) ) ) ) )

CASE NO: _______   COMPLAINT TO QUIET TITLE TO REAL PROPERTY

 

Plaintiff complains and for causes of action alleges as follows:

 

FIRST CAUSE OF ACTION 

 

(For ________ Against ____) 

 

<>. Defendant__, ___ is__, and at all times herein mentioned was__, a resident__ of the City of ___, County of __, State of California.

<>. Defendant__, ___, is__, and at all times herein mentioned, was__ a Corporation organized and existing under the laws of the State of California with principle offices located at ___, in the City of ___, County of ___.

<>. Plaintiff__ is__ ignorant of the true names and capacities of defendants sued herein as DOES I through X, inclusive, and therefore sues__ these defendants by such fictitious names. Plaintiff__ will amend this complaint to allege their true names and capacities when ascertained.

<>. Plaintiff__ is__ informed and believes__ and thereon alleges__ that, at all times herein mentioned, each of the defendants sued herein was the agent and employee of each of the remaining defendants and was at all times acting within the purpose and scope of such agency and employment.

<>. Plaintiff___ is___ not and at all times herein mentioned the owner and/or entitled to possession of the property located at ____.

<>. Plaintiff___ is___ informed and believe___ and thereupon allege___ that ______, and each of them, claim___ an interest in the property adverse to plaintiff herein. However, the claim of said Defendant___ is___ without any right whatsoever, and said Defendant___ have___ not legal or equitable right, claim, or interest in said property.

<>. Plaintiff___ therefore seek___ a declaration that the title to the subject property is vested in plaintiff___ alone and that the defendant___ herein, and each of them, be declared to have no estate, right, title or interest in the subject property and that said defendant___, and each of them, be forever enjoined from asserting any estate, right, title or interest in the subject property adverse to plaintiff herein.

 

WHEREFORE, plaintiff__ pray__ judgment against defendant__ and each of them, as follows:

<>. For an order compelling said Defendant___, and each of them, to transfer legal title and possession of the subject property to Plaintiff__ herein;

<>. For a declaration and determination that Plaintiff__ is___ the rightful holder of title to the property and that Defendant___ herein, and each of them, be declared to have no estate, right, title or interest in said property;

<>. For a judgment forever enjoining said defendants, and each of them, from claiming any estate, right, title or interest in the subject property;

<>. For costs of suit herein incurred;

<>. For such other and further relief as the courtmay deem proper

 

DATED: _______________	__________________________________________
	(Signature)

 

 

 

VERIFICATION 

 

 

I, ___, am a ___in the above-entitled action. I have read the foregoing___and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein alleged on information and belief, and as to those matters, I believe it to be true.

I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed at Long Beach, California.

 

 

DATED: _________________ ___________________________________

Filed under: CDO, Eviction, foreclosure, GTC | Honor, Mortgage | Tagged: borrower, Complaint to Quiet Title, foreclosure defense, foreclosure offense, Investor, Mortgage, note |