Analysis and Stories of Quiet Title Action

 August 1, 2010 by Neil Garfield – LivingLies dot wordpress dot com

And an upcoming book too which I can’t wait to buy and read. I have always believed that quiet title actions are the key to this whole mess — basic  black letter law applied fairly and consistently with the law of contracts, the law of property, and the recording laws of each state. It helps to be able to know more than your opponent when it comes to the securitization of your loan. This is a good read.

Comment on Mass Extinction of Pools Becomes Clearer by Dave Krieger

Today, July 30, 2010, 13 hours ago | Dave Krieger
Avirani and Indigo …

I have been working on a book about this whole mess for quite some
time and it is about to be published. The book presents several angles
on attacking the lenders. Your takes on WITHOUT RECOURSE are a
blessing, since you are citing case law.

All of these posts (pertaining to anonymous) do come with a caveat.
Bear in mind when you post that the banks are reading this blog too. I
happen to know of a few law firms right now (foreclosure mills) that
read this blog on a daily basis. I also know of a few judges that are
reading this blog as well. All of this I know through direct contact
with clients, as well as assisting their attorneys as a paralegal with
case work.

RE: UCC … every case is state specific. You can’t quote the federal
UCC because the states have adopted it into their own versions and
altered it to please the political machinery. Max Gardner told me
this. In my research for the book, I have talked to hordes of
attorneys about this stuff and they are very candid when they say that
these foreclosure mills, all part of the grand scheme, are fully
briefed by the banking community as to how to answer these suits and
what they can and cannot get away with. The mavericks that tend to
become arrogant (like Stern) get caught bringing fraud on the court.
Aside from that, the individual attorneys I have spoken with admit
that they do not have the resources to share information as readily as
the foreclosure mill networks do. This is why we have a problem.
Attorneys have egos and the more successful ones know that if an
outside source brings them something credible that sounds plausible
enough to win with then there’s a chance the homeowner is going to get
results.

Seemingly expected … not all of the stuff I share with the hosts of
this blog get shared with the community. When you know that the “other
side” is watching what homeowners are posting on this and other
related blogs, you will find bits and pieces of interjections that are
designed to sway the reader or as in a court case, “get them off
point”. The best way for a defendant lender to win is to get the
Plaintiff homeowner off point, to where the plaintiff goes off on
serious, unproven, unchartered, unsupported (without case law)
conspiracy theories that have no merit because they are just that,
theories.

This is true … your allegations of disinterested counter parties
lodging false information on these blogs has merit.
One can only verify through (1) research; and (2) discovery.

This is why I wrote my book on quiet title actions (along with
everything else in the kitchen sink). In order to weaken the other
side, thousands of lawsuits a week are going to have to get filed,
because there are NOT enough foreclosure mills to defend them. True,
the court system will be clogged like a sewer with these actions.
True, a lot of these banks will typically get their attorneys to
remove the case to federal court, thinking they can get a slam dunk on
diversity jurisdiction (multiple defendants from other states makes in
federal according to their rationale) so they can get a 12(b)(6)
ruling. This is why the entire cause must be centered around quieting
title.

Instead of going after all of these counts, as I have seen in the
past, take only the quiet title as your lead cause and build your case
using key points (not as counts, but as predicators) … this is what I
have seen the good attorneys do in their pleadings … and believe me …
these class actions inure to the benefit of the attorneys that file
them and because of the class, only one law firm needs to take it on.
If you’ve got thousands of homeowners filing quiet title suits in
state court (sticking to state statutes) the lenders do not know how
to react. They usually are in the driver’s seat, foreclosing on the
homeowners. They have a scheme for that. They have a tested
methodology that has worked up to a point. They know what they can get
away with … at least up until now. You will notice that the suits that
are winning are individually filed or individually defended.

If you do not have the Federman decision … I would be happy to send it
to you, as it doesn’t seem to be posted on here. The last paragraph of
the order invites Bank of America and MERS to come forward and produce
documentation to prove agency. Hon. Arthur Federman is a very smart
and highly regarded bankruptcy judge. It’s just too bad that people
don’t read his decisions BEFORE filing bankruptcy. (I sent the Order
to Neil but I haven’t seen any reference to it being posted on here
yet. hint hint)

The banks either (1) can’t produce the note; or (2) tie themselves in
some way through contract to prove agency. I write about that in my
book. These flaws are NOT hard to prove. I have talked to attorneys
who say that the banks’ attorneys come into court with a pomposity
that reeks when they walk in the door. They are not expecting any
attorney to be able to wade through the gobbledygook of paperwork and
arguments they present, because generally, the homeowner has hired a
lawyer that doesn’t know his a** from a hole in the ground. (Neil is
right on that point.)

In quiet title actions, supporting state case law is very relevant,
because the judges’ law clerks can research it and apply it to your
case. If you start putting in federal questions, you give the other
side cause celebre to remove it to federal and slam dunk you. Quiet
title actions are a state right and no federal judge can quiet title
to property sitting in state jurisdiction. The filings are in the
county recorder’s offices (and I seriously doubt that 99.9% of all
borrowers signing the Deed of Trust even knew what the hell they were
signing).

The theories of who loaned who credit and who got paid first and who
got screwed second is NOT the crux of your case. It’s the original
documentation that created the fraud and the subsequent filings in the
county courthouse that become part of your quiet title action. You
see, most states declare in statute that as long as you retain
possession at the time you file a quiet title suit, you can move
forward, even if you are in foreclosure. Some states even allow quiet
title actions to be filed POST FORECLOSURE, POST EVICTION! Again, this
is state specific, where federal law and rules cannot be applied. This
I know from research. I cannot give this out as legal advice
obviously.

Blogs are great sharing tools provided the information being shared is
credible and can be verified.

The lenders’ foreclosure mills shrink up like a man with erectile
dysfunction when placed under this kind of stress, because of the
burden of proof is virtually split between the Plaintiff, who makes
allegations supported by case law and the Defendant lender that has to
tie all of the ends together. Once the quiet title action is filed the
lender can’t go back in and record documentation after the fact to
perfect their security interest … they have to bring it into open
court, where you can impeach it. I have two successful quiet title
actions under my belt personally, so I know how they work.

I also happen to know what the “four corners” rule/doctrine is. It’s
the entire content of the page taken as a whole versus the specifics
contained therein. This is very useful in wrongful foreclosure
actions. Couple a wrongful foreclosure action with quiet title … and
then find your state statute that makes it a state jail felony to file
such fraud with the county court clerks/recorders/register of deeds …
bring the local county recorder and the DA into your case; show them
the docs; show them where they are suspect; get them on your side; the
judges ruling on your cases are more likely to see reason because you
have the county working with you to stomp out fraud. Even as a pro se
Plaintiff (which I shudder to think could pull this off, but could) it
would lend a lot of credibility to your case if you have outside
sources with credibility jumping into the fray. This is how County
entities that record documents, such as deeds of trust, become aware
as to WHY they are being deprived of income because of MERS. … and let
me tell you here and now MERS ain’t no Viagra. If you look at your
original deeds of trust and see who the players are, you will figure
out WHY the whole thing is a fraud, without me having to get on here
and tip my research to the banks who are wondering the same thing.

Comment on Mass Extinction of Pools Becomes Clearer by gwen caranchini

Today, July 30, 2010, 13 hours ago | gwen caranchini
This is a great post from Dave who I am using myself to help me in my
pro se case–I am a former trial attorney of some 30 yeasr in civil
rights cases in Fed and State Courts so “pro se” for me is a bit
different. Dave is always right on with his case law and his theories.
The def are attempting to remove my quiet title action to fed ct and I
am objecting. I have also filed a complaint with the FBI alleging the
fraud in the HAMP program based upon what is going in in my case and
the fraud in the MERS filings which when you look at all the docs at
the courthouse TOGETHER the fraud becomes clear in several different
ways. Dave is the brightest paralegal I have ever met and should be a
lawyer. I have never had one thing he sent me prove to be wrong–this
guy has also got the common sense approach to this and is not out
there with legal theories that are hard to prove. He knows too what
dis we need. You all would do well to listen to him, get his posts and
use his services.

Comment on Mass Extinction of Pools Becomes Clearer by gwen caranchini

Today, July 30, 2010, 11 hours ago | gwen caranchini
Stupendous Man–the case Dave is referring to is “In Re Box” decided
June 3 before Arthur Federman in the United States Bankruptcy Court
for the Western District of Missouri. I sent dave that case. It is a
wonderful decision, especially the last page. A bit of an update on
that case as I spoke to the Trustee’s office as a followup. Apparently
BAC continues to ask to be heard at creditor’s meetings on this matter
even after relief from stay was denied BAC. The trustee is refusing to
acknowledge BAC has a position at the creditor’s meeting because it
has not proved it holds the note in question as Judge Federman found.
The last page of Federman’s decision told BAC that when they had the
note or claimed to have the note they could ask for an evidentiary
hearing that showed they had the note and could establish agency for
being able to seek foreclosure on the note. To date, some 7 weeks
later, they have yet to do so and given that the Trustee continues to
deny them the right to speak at creditor’s meetings.

Comment on Mass Extinction of Pools Becomes Clearer by Dave Krieger

Today, July 30, 2010, 11 hours ago | Dave Krieger
The basic quiet title actions follow to form and purpose. You use
whatever basis for your claim as necessary. There are a lot of
templates you can use out there. Many attorneys use ProDoc which have
state specific stuff in it. If you look at cases that are specific to
your cause and you go to the law library to look them up … find cases
that are specific to your area or where someone has filed pleadings in
a court near you. Then go to that court with the case # and get a copy
of the pleadings directly from the case file. You can then see how it
was formatted. Before you pay for pleadings though, make sure the
outcome was positive via the case cite. No sense pulling case
pleadings that were incorrectly plead. The case cite itself will tell
you whether or not the case was successful in the case of the
homeowner. My two quiet title actions were against a defunct
corporation in Arkansas over resort property I acquired from the
state. They did not challenge, thus I was awarded. I didn’t have to
prove fraud. This is part of how you make money on tax deed sales, by
quieting title BEFORE you sell. Since I invest in real estate, quiet
title actions have been a particular interest of mine for some time.


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