Foreclosure Offense and Defense: Quiet Title Action

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: _________________ ___________________________________

15 Responses

  1. I truly tooκ into account a numbeг of the items yοu sɑid right here in
    this blog! I actually just like the way to wrote
    this. Quite good function!

  2. what is tender rule?

  3. Hello anyone knows an attorney in GA

  4. There is a low cost solution to QT. A company out of Orange Cty Cali called ‘MORTGAGE LEGAL DEFENSE ASSOCIATES’. It is one of the few companies that is actually helping homeowners these days.
    I highly recommend them.

    Herb

  5. Your information is great!
    Neil, can you or anyone else recommend an attorney in Rhode Island?
    We thought we had Central Mortgage, now it turns out to ne Federal National Bank who is trying to foreclose.
    We have a hearing coming up to object to an automatic stay.

  6. Thank you very much for this. It gives me some useful language for our Hawaii Land Court petition to amend Title, pro se.

    We have already substantiated the claims in this document as applied to our case, an attempted non-judicial foreclosure by BAC Home Loans Servicing, LP (Bank of America). Countrywide Home Loans, Inc. mortgage, without notice changed to Bank of America Home Loans.

    Know anyone else battling in Hawaii? If so, please refer to BeRight@gmail.com.

  7. “what you have created is a one sided agreement
    with yourself. What you create you can un-create, just as you would a WILL.”

  8. Along the same line…this was sent to me this morning and is AWESOME! Neil, could you take a look and let me know what you think about it?

    Thanks!

    http://www.scribd.com/doc/24051087/The-Foreclosure-Report

  9. My email address is mp3rmd729@gmail.com

    In CA w/ 2 month-old case but the battle is on,where we are Pro Se Plaintiffs (filled first), house has been sold, Unlawful Detainer filed in another court by bank, we answered, they’re going to be filing a MSJ soon. We’re going to request transcripts in advance and we’re going to appeal immediately if unfavorable ruling (most likely happens in UD slaughterhouse courts). Help Someone! The Foreclosure Monster is hunting us down and is breathing down our necks!

  10. Ruth D.,
    What is your email address?

  11. Neil, can you shed some light on this please?

    (1) Is it true or possible that we can take our loan docs to the county recorder’s office and show them that the “trustee of record” is not the party who filed the bogus docs, therefore rendering the entire foreclosure process to be fraud?

    (2) Can we file for “Quiet Title” at the County Recorder’s Office (we hear there is a fee involved) without court action? We just want to get them off our backs to give us time to gear up for the rest of the battles we have going on in both our civil and UD cases.

    (3) is it true that we can kill their MSJ on the premise that they must prove capacity and/or standing based on thI endorsements on the original wet ink signature note is valid ONLY IF the allonge, if any, is “glued”, not stapled or cliped to the not (old law)…and if there is question as to standing or capacity, can the MSJ be thrown out?

    Thanks for your help!

  12. Hi guys I got a question, here in California are killing the quite title action with Tender rule. Do you guys know how to figth this???

  13. This is great info. I was wondering if you can have the attorney in Ca to contact me and possiblly represent me in a case. Thanks.

  14. Wow wait until my drafters in india and other local counsel I use see this!

  15. Very helpful information. Please continue the
    food work.

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