HOW WE CAN HELP YOU SUE THE BANKER FOR QUIET TITLE – CLEAR TITLE
Stop Lender Fraud! Ask the Pretender Lenders to Prove They Own Your Mortgage By Suing For Quiet Title (or Clear Title).
You May Achieve The Following Outcomes with a Quiet Title – Clear Title Action:
Create a Situation That Forces Lenders To Negotiate With You or Litigate Quiet Title / Clear Title to Determine Whether The Mortgage and Note are Rightfully Enforceable
Receive Your Home Free and Clear of All Mortgages After a Quiet Title / Clear Title (rare but it has happened when documents are really unenforceable in quiet title.)
Negotiate a Principal Reduction to a Mutually Agreeable Loan to Value After Your Quiet Title /Clear Title Action
Negotiate a Favorably Updated Credit Reporting History After Your Quiet Title / Clear Title Action
Negotiate a Monetary Settlement for your time, expense and attorney’s fees to pay for your Quiet Title / Clear Title action.
- Read here about quiet title: http://en.wikipedia.org/wiki/Quiet_title
THIS IS NOT MORTGAGE FORECLOSURE DEFENSE! THIS IS QUIET TITLE – PROVING THAT YOUR LENDER’S SECURITIZATION OF YOUR MORTGAGE FAILED AND THEREFORE IS INEFFECTIVE.
MOST TRUSTS/BANKS THAT HAD POSSESSION OF THE MORTGAGE AND NOTE SHOULD NOT BE ALLOWED TO FORECLOSE BECAUSE THE MORTGAGE/DEED OF TRUST AND PROMISSORY NOTE WERE NEVER TRANSFERRED TO THE TRUSTEE IN A TIMELY MANNER, INSTEAD THEY WERE TRANSFERRED TO MERS OR TO ANOTHER ENTITY UNTIL THE FORECLOSURE ACTION. WHEN THE TRUST CLOSED, IT DID NOT OWN THE MORTGAGE/DEED OF TRUST AND PROMISSORY NOTE AND SHOULD NOT BE ALLOWED TO FORECLOSE.
THESE MORTGAGES SHOULD BE CLEARED OFF THE PROPERTIES’ TITLE – WE FILE A QUIET TITLE – CLEAR TITLE ACTION TO DO JUST THAT, ALONG WITH OTHER CAUSES OF ACTION!
You may hire the law firm of Westerfield & Associates as counsel in your case; one of our attorneys will enter an appearance in what is called, “pro hac vice” (the term when a state recognizes a licensed attorney from another state) AND we will need to retain a local counsel on your behalf. You are allowed to hire any attorney in any state to represent your interests.
Your case will be handled like this:
1. Within 2 – 3 weeks we will prepare a Mortgage Securitization Audit and a title search. Each audit is individually prepared based on your specific state’s current case law, so it will be most credible and convincing to the judge or jury that hears your case. This is unlike other securitization audits which provide inaccurate information and cite only the law they know, usually the state the auditors are in, which may not apply in your state. The title search is required for our preparation of the pleadings. From the title search we see all mortgages, liens, etc. We’ve found some mortgages that have satisfaction of mortgages. Other searches that show the mortgage was improperly assigned. Still others where the mortgage was never properly recorded of the specific property. Many errors, mistakes and omissions were created when banks were greedy and pushing money to anyone that breathed. These errors, mistakes and omissions on your title can be beneficial to you.
2. Upon an analysis of the Mortgage Securitization Audit, we prepare court documents based on your individual situation. If in foreclosure, as a counter-complaint – or separate action if so required. If not in foreclosure, we prepare a quiet title action to clear the mortgage off your title if that action is appropriate.
3. We file the lis pendens and present your offer of settlement to the supposed lender, if any. In most cases we will likely need to file a lawsuit to get their attention.
4. If no immediate settlement, the case must take its course through litigation. We will strive for the following results:
Clear title (also called “quiet title“)
If less than clear title, a substantially reduced principal amount in line with today’s property values
Repair of your credit with the foreclosure taken off the records
Negotiate to have no 1099 issued, no deficiency judgment, and if you are required to move, possible cash to move
Cash settlement if other issues warrant it
Your case will be fought to prove how the mortgage is defective and why a judge or jury should find it unenforceable. If a mortgage is unenforceable, then it will be taken of the title of your property.
If you wish to have ONLY a mortgage securitization audit, please click here.
If you wish to discuss how we can assist you please email us your information below, as we can’t answer every call due to overwhelming volume of inquiries.
- DO NOT USE RETIREMENT ACCOUNTS TO PAY YOUR MORTGAGE
- DO NOT BANK WHERE YOU BORROW (THEY WILL ATTACH YOUR ACCOUNT!)
- DO NOT RELY ON REALTORS FOR LEGAL ADVICE
- DO NOT PAY UPFRONT FEES TO NON-LAWYERS FOR LOAN MODIFICATIONS OR ASSISTANCE
If you have any doubt about what we attempt to do please read the following items:
The Congressional Oversight Panel has issued several reports (see above) and a report: Examining the Consequences of Mortgage Irregularities for Financial Stability and Foreclosure Mitigation. This report was issued November 16, 2010. The video in the upper right hand corner of this page was uploaded on YouTube on November 15, 2010. Since then there have been MANY courts in several jurisdictions who have agreed that banks cannot prove they own your mortgage loan in order to foreclose.
TELL US AS MUCH AS POSSIBLE ABOUT YOUR SITUATION AND ONE OF OUR LICENSED ATTORNEYS WILL CALL YOU WITHIN 1 BUSINESS DAY:
Comments or questions are welcome.
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