QUIET TITLE ROADMAP
A “Quiet Title Roadmap” is an in-depth analysis of one’s status of their mortgage, payment history, potential for foreclosure, identification of any irregularities in any of the documents and the complete analysis of the consumer’s current legal obligations.
The “Quiet Title Roadmap” is not legal advice. In a lot of instances, we have had clients produce the roadmap to assist their attorneys to determine the best avenues to pursue in defending against the foreclosure and to initiate the Quiet Title action.
History tells us that any ability to delay a foreclosure or sheriff’s sale will at best provide time in which the consumer can put aside funds for relocation in the event of losing their home. We have known about some cases where consumers have not made a mortgage payment for over two years. But, sooner or later something happens and you have to move.
The “Quiet Title Roadmap” also identifies some instances in the mortgage documents that could possibly be a TILA (Truth-in-Lending) violation or a RESPA (Real Estate Settlement Procedures Act) violation. These violations would then be proven up with a Forensic Audit.
The Audits include extensive research and preparation for the client’s attorney to have a better understanding of the case. Not all attorneys have the time to do this intricate research. An example of research that assists the attorneys in filing a quiet title action might be a fraudulent assignment. When discovered and proven to the courts with a substantial affidavit, this is justification to award the quiet title.
We have discovered instances where the pretender lender presents proof to the court that a certain loan was entered into a trust AFTER the closing date of the trust. Proof of this sloppy bookkeeping has resulted in foreclosure cases being dismissed with prejudice or having a prior foreclosure sale set aside.
RESEARCH:
Your roadmap consists of research that follows your note and mortgage from the closing table to the trust. There, are, a multiplicity of steps. The, Roadmap identifies whether or not the note was separated from the mortgage at the closing table. Quite often, we see MERS in the mortgage as the nominee lender. This is the “red light” that tells us that the note and mortgage have been separated. Now, extensive research, takes us to the inner-sanctum of the MERS organization and when we identify that your mortgage is in the MERS system, this is the green light to proceed further.
This is your decision at this point and that is to authorize the securitization audit and the Bloomberg financial report. When you combine these two audits, you now have proof positive to support your quiet title action. In a lot of instances, the submission of these audits, prove to the court that the loan has been paid when it went (3) months into default or that the loan was in fact sold into the trust.
LENDER PARTICIPATION:
In your roadmap, you will find that the lender that you thought was providing the funds at the closing table did NOT provide any funds at all. They simply brokered the deal and got paid as a broker. In fact, NO ONE provided any funds except the investors that purchased certificates from the trust. The trust was formed long before you even applied for a loan. So, what you think “is” in reality “is not”.
In order for the transfer of the mortgage/deed of trust to be legally transferred, it must be assigned and the note MUST accompany the mortgage/deed of trust. The US Supreme Court ruled in 1872 that the note and the mortgage/deed of trust are inseparable. When bifurcated, both are null and void. The note is secured by the mortgage/deed of trust. When the mortgage/deed of trust have been assigned without the note, then the assignment is one in which the note has no security.
Attached is a sample assignment with critical errors that make the assignment fraudulent.
- The lender on the mortgage is Sunset Mortgage but on the assignment the lender is noted as being America Servicing Company.
- MERS assigned the mortgage but not the note. MERS could not assign the note because they could not have an interest in the note. This separated (bi-furcated) the note from the mortgage making both instruments null and void. This is per US SUPREME COURT.
- John Doe is/was an employee of the law firm. This constitutes a fraudulent document.
FLORIDA DEFAULT LAW GROUP
- is currently under investigation by the Florida Attorney Generals Office for fraudulent foreclosures.
TRUSTEE:
The Trustee of the Asset Based Trust is the ONLY party that interfaces between the certificate holders (investors) and the Servicer. The Trustee MUST function according to the POOLING AND SERVICES AGREEMENT of the Trust. If, the Trustee violates any provisions of the PSA then, that action could possibly remove the protection that the certificate holders enjoy from IRS guidelines.
The trust itself is treated as a REMIC which functions similar to a Sub-S Corporation, whereby the profits and or losses flow directly to the stockholders, or in this case the investors. Once the identity of the Trust is in place, it becomes a matter of procedure to research the 8-K filing with the Securities and Exchange Commission. Most consumers and very few in the mortgage business understand the power of knowing what Trust has the mortgage, how and when the assignment was made and whether or not the assignment was fraudulent.
With this information the chances of winning a Quiet Title action is increased. How can anyone pursue a foreclosure, or attempt to take your home, when with the proof that they have no interest of any kind and have been already paid as a broker, they lose. If, anyone fails to understand this analogy of the banking industry, we urge you to seek professional competent advice.
Plain and simple, if there is no proof of the debt, there is no debt.
COURT RECORDS:
In the real world, whether or not you are in a judicial or a non-judicial state, there are certain records that have been recorded. If you live in a judicial state, you must be served and a complaint filed with the County Clerk. This information is available under the Freedom of Information Act. But, in some counties, they do not store these records to make them available on the internet. You the consumer MUST be able to have someone go to the County Courthouse and get all of the documents pertaining to your case. That is one piece of homework that you must do or have someone do for you.
If, you are in a non-judicial state, the Deed of Trust was recorded along with the identification of the Trustee at the County Registrar of Deeds or whatever entity does this work where you live. If, this information is not available on-line then the same as above must be done in order to start the chain of paperwork needed for the legal procedure to begin.
SUMMATION:
Now that the football season is upon us, I want to give you some insight as to how the game is played. If you understand the game and the basic rules, you are better prepared to fight and win. Now, I want to put the ball on your own two yard line. You are faced with a relentless opposition that will not let you move beyond your own two yard line.
The various tricks in court, uninformed Judges, pretender lenders, robo-signers and just about every delaying tactic is used against you in order for the opposition to keep you from getting into the end zone which is (98) yards away.
In this entire scenario of advancing the ball, in today’s court system, you virtually have no chance or a very slim chance of prevailing. And, unfortunately, it is your checkbook that is paying for this silly game. But lets take a very different approach. Lets gather up all of the ammunition we need to be able to say to anyone claiming an interest in your title, that they MUST PROVE it.
How do you think it will play out in court, when we move the football to their two yard line and you are now the Plaintiff. Yes, you indeed have control of the game. In a quiet title action, anyone claiming an interest in your title MUST PROVE IT. Now, when armed with the information of the road map, or we want to call it “pre-litigation strategy” and the proof that the audits confirm, how can anyone come to the court, claim an interest in our title, when you are sitting there with the proof that they have either been already paid off, or they were NEVER in the chain of title.