Below we're attaching a general article on using quiet title to stop foreclosure. Quiet Title Actions are being used in cases where a lien-holder cannot lay legal claim to a property, so the homeowner goes through the courts to quiet the title on their home.
This article goes into a little more detail about the grounds a homeowner can use in a Quiet Title Action.
Quiet Title: An Offensive Weapon To
Stop Foreclosure Fraud
August 21, 2011 By Vanessa Duvale
Quiet title is an offensive weapon to Stop Foreclosure Fraud that closes any disputes over claims, encumbrances, or liens to a property. This legal action is resorted to put to court the eligibility of the claim in a property and let the law scrutinize and decide whoever must own the property. In instances involving foreclosure fraud, a quiet title action could be the greatest offensive action a consumer could take if the desired goal is tostop foreclosure and save the home.
The plaintiff of a quiet title action can either be the owner of the property being defended or a lien- holder who claims that the property should be theirs to own. After the decision is made by the court, all the records will then be put to account in the property’s title registry as well as the civil court clerk’s office to solve whatever further impeding disputes that might come again. According toForeclosureFraudExposed.com, a quiet title action is brought to remove a cloud on the title so that plaintiff and those in conflict with her may forever be free of claims against the property.
The grounds for a consumer to file quiet title action are numerous and they vary depending on the foreclosure situations. The more common reasons for consumers to seek quiet title action deal with adverse possession, where the true and real party with interest wants to the full possession of the property; Torrens title registration: an action which terminates all unrecorded claims; treaty disputes between nation boundaries; surveying errors; and fraudulent passage of property caused by a possible coercion or falsified deeds, transfers and assignments such as in cases that involve Mortgage Electronic Registration Systems and other Pretender Lenders.
According to ForeclosureFraudExposed.com, for consumers’ nationwide who have attempted and failed to stop foreclosure fraud, the biggest factors in most instances of failure were due to a consumers’ lack of preparation, research, and understanding of the facts in their arsenal of legitimate evidences. Whether the consumer fighting to stop foreclosure fraud is new to the various aspect of foreclosure offensive and defensive techniques or a savvy professional that practices in this specific field, the most valuable piece of information to keep in mind that in order to have a solid plan attack to stop foreclosure fraud, a consumer or savvy professional must have a solid plan of defense lined with all evidences of foreclosure fraud.
Preparing to stop foreclosure fraud with a quiet title action, although time consuming, can be a rewarding experience if the evidences in a consumers’ claim are valid and structured properly. A consumer or savvy hired professional has to take in mind all the miniscule details like visiting the Register of Deeds, combing through all files to find out if the loan made was securitized, and checking and double checking all documents on record for any traces of fraud. Furthermore, a consumer must also be willing to do extensive case studies research to determine the best case strategy that matches their situation and has provided victories to other consumers’ who have fought to stop foreclosure fraud on the same grounds.
According to ForeclosureFraudExposed.com, keeping note of all points mentioned above will serve as a great factor in delaying and stopping foreclosure fraud, while placing the consumer in the best possible position to come out victoriously.
To learn more about Quiet Title, Securitization, Uniform Commercial Code, and the various other successful methods available to Stop Foreclosure Fraud, please visit:
ForeclosureFraudExposed.com is the leading website that provides consumers’ with a complete A-Z step by step stop foreclosure defense tutorial library backed with case victories based on information that has helped 1000’s of consumers Stop Foreclosure and Save Their Homes.
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To learn more about Securitization, Uniform Commercial Code, Quiet Title and the various other successful methods available to Stop Foreclosure Fraud Please Visit: http://foreclosurefraudexposed.com