(HOLY SHIT UPDATE) Free House Indeed - pro se Quiet Title - Step by Step

new information here a success story and the ball starts rolling

also denningers ticker about the very subject


[link to market-ticker.org]

A Utah court case in which the owner of a Draper townhouse got clear title to the property, even though he still owed $132,000 on it, raises new legal and financial questions about a property-records database created by mortgage bankers.

The award of a title free of liens means that whoever owns the promissory note on the Draper property — likely a group of faraway investors — no longer has the right to foreclose to collect on a delinquent loan. Indeed, the townhouse owner has sold the property and kept the money. Those who own the promissory note probably don’t even know what occurred.

Decisions such as the one 3rd District Judge Glen Iwasaki handed down in the Draper case could have a big impact as the state wends its way through hundreds of lawsuits involving foreclosures, loans on properties for more than they’re worth and predatory lending practices that led Utahns to lose their homes as the real-estate bubble burst.


Quiet title » Last year, the owner of the Draper property contacted attorney Walter T. Keane to help him deal with lenders, though Keane won’t say what the problem was and the owner declined an interview request.

Keane filed what’s called a “quiet title action,” a lawsuit in which the owner seeks clear title to a property free of liens by lenders or others.




[link to www.foreclosureprose.com]

snip

How to Quiet Title
The information provided below is for a quiet title action in Florida. Your state may use different procedures.

In order to file a quiet title action, you will need the following documents:

1) Civil Cover sheet
2) Summons
3) Lis Pendens
4) Complaint
5) Exhibit-A: Copy of the Warranty Deed
6) Exhibit-B: Rescission letter or court order if applicable

Cover Sheet
The Civil Cover Sheet form is filed by the plaintiff or petitioner for the use of the Clerk of Court for the purpose of reporting judicial workload data pursuant to Florida Statute section 25.075.

Summons
This document is given to the sheriff or process server to be served on the defendant. If there is more than one defendant, additional copies will be needed.

Lis Pendens
The lis pendens serves to put the public on notice that a case is pending concerning a specific property.

Complaint
The complaint should have a style case and signature block in compliance with Florida filing guidelines. The sample complaint complies with the guideline.

Once the package of documents is ready, take them to the recording office at the county Court that has jurisdiction over your property. The filing fee may be a shock based on the value of the property. In 2009, Florida legislator passed new law dramatically increasing filing fee for foreclosure and quiet title actions. It may cost you a few hundred if not thousands of dollar. I don’t think you should be discouraged by that.
Once your case has been filed, the clerk will assign a number and return to you copies of the summons, lis pendens and the complaint.

from the link if you care to scroll down further


The sheriff will charge about $40. Once the summons is served:

The plaintiff has 20 days to answer your complaint.
If the plaintiff does not answer within that time frame, file a Motion for Default.
When a default is entered, file a Motion for Default Judgment.
File an affidavit in support of Motion for Default Judgment.
Schedule a hearing with the judicial assistance after 20 days to have your motion for default judgment heard. Remember to bring a court reporter along.
Prepare and bring with you a proposed order for Final Default Judgment Quieting Title.
If you motion is granted, hand over the proposed order to the judge to sign.
Once the judge signed the order, you will receive a copy by mail.
The clerk will be ordered to expunged the mortgage from public record.
You’re done! You have quieted your title. Enjoy your property free and clear. No more refi PLEASE.

You additional protection you may want to put the title under a living trust out of your name.

Last Edited by aVian on 01/17/2011 01:41 PM