Supporting, Informing & Connecting People in Foreclosure

Quiet Title Action in California

Howdy All and thanks for taking time to read my post,

I keep hearing seeing and learning about the "simple Quiet Title Action" method of separation of the debt from the property, which is all I want to do, remove the broken chain of Title collateral.

But I don't know about you but it seems it would be easier to pry the 3 century old family garlic noodle recipe from our local Chinese restaurant than to either find an attorney willing to work this path or to do it pro se with an example or two. It's like trying to break into the Manhatten project.

Mr. Pines has put it so eloquently and I quote:

1. QUIET TITLE – OFTEN THE RESULT IS A DEFAULT

For a long time, I have been suggesting attorneys keep complaints as simple as possible. If an attorney files a complaint that includes many causes of action, it just gives the bank’s attorneys more to raise technical objections about.

One recent trend is to file a simple Quiet Title action. This has resulted in defaults against the banks. I am personally aware of many Quiet Title Actions the bank did not respond to. In fact, when a number were sent to the agent for service of process for Deutsche Bank they were refused for no apparent reason. It appears the banks are simply overwhelmed. A number of attorneys have told me that when a simple Quiet Title action is filed the bank attorneys simply don’t know what to do. Some companies have been, or are, being set up to specialize in filing Quiet Title actions and getting defaults.

I do hope someone has tried this with some degree of success and is willing to share a bit. We are David vs Goliath here and I don't beleive we should engage the "Machine" any stronger than necessary to complete small steps towards our personal goals of saving our homes.

Once the Collateral is removed from the debt then we can use the FDCPA set of rules on the servicer, making a more even playing field for us the little guy they love to screw...

Thanks and I would love any and all feed back!

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Permalink Reply by KS on March 23, 2012 at 4:39pm

Would like more info on this too... jurneiATgmail.com

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Permalink Reply by DisabledDad on March 24, 2012 at 12:23am

Hey Angry

I am really interested in the QT info you have, as I am just holding on, BUT STILL HOLDING ON.

I don't want to screw this up. I'd appreciate anything from anyone that could keep me from getting tossed out.

DisabledDad

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Permalink Reply by gregory on March 23, 2012 at 5:27pm

Mary , this seems to be becoming the norm in california,We had a person in our group of litigantes that was in this same perdiciment.they ended up filling BK to stop the sale,there was really no reason for this because the bank is stalling in court anyway. I think they really don't care what the court has to say, they proceed as if they don't care what the law says.This is something that needs a judical notice to the courts and be solved quickly.With more and more people fighting and winning in the courts in california I am beginning to think they will do anything for the money.