Quiet Title Action For CA, FL, TX, NY, MI, NJ, NC Consumers

July 4, 2012 - PRLog -- As a homeowner facing foreclosure or seeking to better understand Quiet Title, if one can simply grasp and understand these few simple points, they will have gained immense knowledge:

Point 1. Quiet Title is an offensive lawsuit filed by the Plaintiff.

Point 2. Quiet Title is not the same as Quiet Title Action.

Point 3. Quiet Title is an offensive lawsuit which is used to "agrue" and dispute title liens, defects, breaks, fraudulant documents etc.

http://www.youtube.com/watch?v=PBCM_NaeWXc


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



By simply grasping the 3 points referenced above, a homeowner seeking to fight foreclosure now stands a better chance to move forward correctly. A Quiet Title suit is primarly brought forth for the strategic purpose and intent of challenging the validity of numerous claims on the same property. Homeowners throughout the greater populated states, such as Florida, New York, California, Illinois, Texas, and Nevada, as well as the smaller states, are beginning to wake up and accept the truth the not only was their loan improperly Securitized, but that the foreclosure party or parties lack the proper standing, documentation, and transfer of title rights and interests to foreclose.

This fact is further validated by improper Securitization, robo-signing fraud, frudulant notaries, signs of MERS, and much more.. For many homeowners nevertheless, especially when fighting foreclosure throughjudicial and non judicial court systems, what needs to be clearly understood is that knowing that the fraud exists is not nerely enough; what's more important then just knowing is being able to properly evidence and proof that the fraud took place, and unfortunately, this is where the vast majority of homeowners drop the ball.

Quiet Title and the UCC (Uniform Commercial Code) go in many respects; the UCC (Uniform Commercial Code) identifies the policies and rules that govern commercial commerce, of which mortgages, notes etc. are considered.  

Section §3-301 of the UCC identifies 'Persons entitled to enforce instrument' meaning (i) the holder of the instrument (a holder in due course), (ii) a nonholder in possession of the instrument who has the rights of holder, or (iii) a person not in possession of the instrument who is entitled to enforce the instrument pursuant to Section 3-309 or 3-418(d). It's critical for homeowners fighting foreclosure or seeking to better understand Quiet Title and the foreclosure process to grasp that possession is not merely enough to foreclosure; but that possession of an alleged note must be validated through proper transfer and assignments.

Often more time then not, as in the case of Securitization, the note has been destroyed, thereby creating a break in the chain of title. And it's here at this juncture that homeowners make their biggest mistake: homeowners seek to file a Quiet Title Action to remedy the break in the chain of title by agruing that fraud of some sort exists etc. and the grave mistake is that any disputes, claims, arguments etc. are to take place in the Quiet Title lawsuit not the Quiet Title Action. Consequently, declaring Quiet Title and NOT Quiet Title Action will allow battling homeowners to have the presiding judge enter into unique arrangement allowing the homeowners to fight and argue the credibility of the documents, resulting in a final review known as a final judgement. This final judgement is what allows the presiding judge to make a ruling on which party is a real party with interest in the disputed property.

A homeowners fighting against foreclosure would seek to file a Quiet Title lawsuit for some if not all of the below points:

Point 1. Invalid Conveyance Of Property - This is when a property is not properly assigned or transferred.

Point 2. Adverse Possession - This is when a new homeowners in posession of a property files a lawsuit to have title placed in their name.

Point 3. Multiple Claims To Title - This really is when moe then one party is attempting to foreclosure on the same property and lien.

This information has been put together to give homeowners a stronger understanding of Quiet Title and it's distinctions from Quiet Title Action. The fact still remains that Quiet Title and the action are both more detailed then just filling out a form or filing a lawsuit; and homeowners seeking to maximize their chances to prevailing successful with regards to saving their home and protecting their rights and interests must invest the time needed to understand the foreclosure process, specifically Securitization and it's effects on Quiet Title.

To learn more about Quiet Title, Securitization, and what options are available to save your home, CLICK Here or visit: http://quiettitlex.com.

About QuietTitlex.com
QuietTitlex.com can be an online website ccomprised of videos, geared to better inform comsumers nationwide about Quiet Title, Quiet Title Action, Securitization and much more. For more info about Quiet Title, Securitization or foreclosure defense topics for states such as California, Florida, Texas, Illinois, New York, Nevada as well as other states throughout the country, please visit our website at: http://www.quiettitlex.com.