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FORECLOSURE PREVENTION // QUIET TITLE // CHECK LIST 

(Primarily relevant to and written for non-judicial foreclosure states)
(version 1.1: 05/02/2012, afternoon)

The writer, John C. Stuart, maintains all copyright protection and only waives public release, copying, distribution for those who freely and without charge disburse, copy, forward and/or the like the document in its entirety without changes and/or amendments; and credits original author for the document. All others agree to pay author $100,000 when they distribute and/or other wise publicize this document in whole or in part. If you distribute this document with any changes and/or do not credit the original author you agree to pay the original author $100,000 within 10 days of said distribution.

Author; and only the author, reserves the right to amend this document and is the only person lawfully allowed to amend this document.

This is NOT LEGAL ADVICE. This document is written and researched by an uneducated laymen and is intended for education and discussion purposes only.

VERY IMPORTANT BEFORE YOU FILE ANY SUIT
In most States: you MUST FIRST serve the entity you are going to sue with a NOTICE OF INTENT of some type. Check your State statutes. Normally this must be inclusive of a Quit Claim Deed and a money order for $10 or more. If they sign the Quit Claim Deed and cash the money order, game over, no need for court. If they do not; then you can proceed with a suit. If you do not do the NOTICE first your case shall be dismissed, probably with prejudice. You lose!

WHAT IS AN ACTION TO QUIET TITLE / QUIET TITLE ACTION
QT explained:
QT is probably one of the most aptly named suits in law. An Action to Quiet Title is a procedure in court (an action) wherein one party claiming ownership moves a court (through a judicial decision) to “quiet the title.” The “noise” on the Title is inclusive of, but not limited to: clouds, claims, liens, lis pendens, etc. Basically you are asking a judge to look over everything and interpret every claim and decide who the actual owner of the real property is.

Quiet title action: A proceeding to establish the plaintiff’s title to land by bringing into court an adverse claimant and there compelling him either to establish his claim or be forever after estopped from asserting it. Use after Foreclosure.

Action to quiet title: One in which plaintiff asserts his own estate and  declares generally that defendant claims some estate in the land, without defining it, and avers that the claim is without foundation, and calls on defendant to set forth the nature of his claim, so that it may be determined by decree. It differs from a “suit to remove a cloud,” in that plaintiff therein declares on his own title, and also avers the source and nature of defendant’s claim, points out its defect, and prays that it may be declared void as a cloud on plaintiffs estate.

Use before Foreclosure.

1.    Buy a 3 ring binder and plenty of sheet protectors. Be ready to stay very well organized, by date of occurrence. NEVER throw away any envelope, put envelopes in the same sheet protector as the correspondence. Put copies of outgoing correspondence in the binder also.

Note: For court pleadings/motions; always get 2 conformed copies, always keep one complete set in your car, just in case you forget on court days.

2.        Buy a digital recorder and the TP-7 pick up. This earbud plugs into the recorder. It sits in your ear and you hold the phone over it so it records both sides of the conversation. CHECK YOUR STATE LAWS BEFORE RECORDING ANYONE! In Arizona, you can record anyone and don’t have to tell them. You can plug the digital recorder into your computer to save the audio and then email it to have it transcribed. AMAZON, my favorite store, sells one for $40. My $40 has grossed me thousands over the years. You can also get some voice program that actually transcribes the recording for you, but that is beyond my knowledge and experience and really expensive. Always, always, always record when legal. Transcriptionists charge per word, so only transcribe what you know you can use.

Reason: This can be entered into evidence. You will be lied to; they are bankers, that’s what bankers do. You may also be threatened. I have won cases and settlements on NOTHING but a good recording of someone lying. You can also use the recording to prove you told a credit collector to not call and if they call later you can file under the Fair Debt Collections Act.

3.      Get a good picture of all 4 sides of house; or better yet one of those aerial photographs from on-line showing the house.

            a.         Record the picture with the GPS date and meets and bounds on same page
            b.         Get certified copies of recorded document

Reason: If the bank wants to present a “copy of the Note” then you may offer to trade copy for copy. Copy of the Note = copy of the house. This is to force the judge to rule whether or not copies are acceptable. Copies cannot be acceptable for one party and not the other. You will offer to exchange the copy of the house for a copy of the Note.

This will NOT work; but it will become an unrebuttable appealable issue.

4.      Go online and get copies of all recorded documents. Those with errors; go to recorder’s office and get certified copies.

Reason: Certified copies get expensive, don’t waste the money on ones you don’t need, and ONLY certified copies can be used in court. See: Rules of Evidence 801 et seq.

5.      Do notary complaints. This includes the D.O.T. also. The D.O.T. and Note dates must match the notary dates; if not, do complaint on that notary. Very often the D.O.T. will say “a Promissory note signed on ????? date” yet the PN is signed on a different date. This is a big deal. Also, the notary may not notarize for several days yet say you appeared before them. This is fraud and if the document is recorded it is a felony.

Reason: You need to evidence multiple acts of fraud so you can claim “Constructive fraud”; a felony cannot be used to commence a civil action. Check your State constitution and State law, Arizona is Art. I § 2.1 on “victim’s rights.” If you are the victim of a felony you can demand certain protections from constricting the perpetrator. It’s a big legal stretch, but legally valid. Remember to report all felonious activity to the proper authorities.

6.      Do the 3949A and other I.R.S. stuff. You need to start the relationship with the I.R.S. early so you can get copies of the documents the banks file. I have actually seen 5 banks take a write-off on the same property. This is a major issue and a common problem with the banks. They commit tax fraud on almost every foreclosure.

Reason: no one, even banks, wants to play with the I.R.S. Let the banks and the I.R.S. go to war. The delays could take years.

7.      Do a standard QWR; use certified mail with return receipt. Always demand the CUSIP for the APPLICATION!! I have seen this one demand cause banks to walk away from cashed out credit cards, vehicle loans, etc. Talk about a secret!! If the average American knew the banks were also monetizing the applications they would go insane. In actuality, monetizing the applications is what is really destroying the economy but I don’t have time to explain and you would probably not understand anyway.

Reason: QWR is just part of the process, its something you must do to evidence what has happened.

8.     If you get a notice on the door, this is not proper service. The notice MUST comply with certain rules and be served properly. Learn ALL of the rules for notices and proper service.

Reason: Any failure to adhere to rules or properly serve means the bank MUST start from scratch, including the 90 count down.

9.     If you decide to fight, go with a Quiet Title.

Reason: “Doctrine of legal acumen.” See: legal acumen in Black’s Law Dictionary. You already know that all the documents the banks use are false, in most civil cases the judge will not discuss the validity of documents – he will just accept that what the banks use are valid. QT is an action to discuss the validity of ownership pursuant to parties claims as evidenced by VALID documents.


10.     If the banks start calling, and/or any other creditors start calling, tell them to contact you in writing ONLY. If they call they can be subject to fines of up to $10,000 per call.