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Quiet Title Action - Step By Step Information On Quiet Title Action And It's Use To Stop Foreclosure
Quiet Title Action, How To Find Your Securitized Loan And Options For California, Florida And New York Home Owners To Fight And Stop Foreclosure
A Quiet Title is title specific and title related, which differs from a normal civil court lawsuit. Quiet Title addresses title specific and related flaws such as inproper transfers and assignments, breaks in the chain of title, forgories, robo-signers, as well as invalid notaries.
To learn more about Quiet Title, how to find your Securitized loan and other options to not fall victim to foreclosure fraud, CLICK the following link: http://www.quiettitlex.com
The biggest misconception consumers face when understanding and attempting to utilize a Quiet Title as a foreclosure defense is that most if not all are of the belief that they can merely file this kind of lawsuit and the foreclosure will disappear completely; this could not be furthest from the truth. Quiet Title simply allows the owner of the property or lien holder to dispute the documents and have a determination be made as to the true individual/party with rights and interest in the party.
Quiet title is an offensive lawsuit that's brought forth by the Plaintiff to have the presiding court with authority, determine who the rightful party with interest in the disputed property is. The grounds for Quiet Title range depending on the state in which the property resides as well as the specific foreclosure situation. This legal action seeks to have the presiding court enter into an arrangement by means of final judgement, thereby determining interest, entitlement and rights to the disputed piece of property. In addition, the final judgement is then recorded as an update to the title registry as well as in the civil court clerk's office.
In foreclosure matters, a clerk of court typically seeks to establish one or more of the following points to determind whether a foreclosure action should continue:
1. That there has been established and still exists a valid debt in which the party seeking to foreclose is the holder in due course;
2. That there exists evidence that a default on the underlying debt obligation.
3. That the party which has brought forth the foreclosure action is in fact the rightful holder, and has the right to foreclosure under the negotiable instrument;
4. That proper notice of the foreclosure action has been given to all parties involved in the foreclosure
However, what is not widely understood by consumers throught the larger states such as California, Florida and New York as well as the vast majority of states nationwide is that when dealing with matters of foreclosure fraud, some if not all clerks of court are not in a position to make a ruling if one or more elements of fraud exists. Most consumers however fail to realize this crucial point and therefore forefit some if not all of their rights by not appearing at the inital hearing and contesting the alleged debt on the basis of fraud.
In instances of foreclosure fraud, one of the biggest grounds in which a consumer could potentinally move forward and persue Quiet Title is inproper conveyance and/or competing claims.
Fraudulant conveyance primarly deals with invalid notaries, assignments, inproper transfers and including but not limited to Securitization.
Have you found your Securitized loan yet? If not, you'll probably be interested in learning step by step how to find your Securitized loan to serve as stronger evidence to your Quiet Title suit, further evidencing the fraud and clear break in the chain of title. To learn more about Quiet Title, Quiet Title Action and how to find your Securitized loan, please visit: http://quiettitlex.com for more information.