How to quiet a title to a mortgage that has been improperly served and forclosed upon. A rodo signature was used to foreclose. There never should have been a foreclouser

How to quiet a title to a mortgage that has been improperly served and forclosed upon. A rodo signature was used to foreclose. There never should have been a foreclouser

If you want to file a lawsuit to quiet title, you really need an attorney.

Forms are available for the most common court matters. A suit to quiet title is not one of them.

You suggest that there are two issues:

improper service
"There never should have been a [foreclosure]."


As to improper service, you appear to be aware of the service. So what is the problem with it?

As to whether there should have been a foreclosure, were you current on the mortgage payments or not?

Finally, you also mention a "robo-signature". Did somebody sign the form without reading it? How do you know that and how does it matter? Was the form incorrect? The reason I ask is that this "robo-signing" flap seems to entail a lot more drama than substance.

"... The AP defined robo-signing as a "variety of practices. It can mean a qualified executive in the mortgage industry signs a mortgage affidavit document without verifying the information. It can mean someone forges an executive's signature, or a lower-level employee signs his or her own name with a fake title. It can mean failing to comply with notary procedures. In all of these cases, robo-signing involves people signing documents and swearing to their accuracy without verifying any of the information.... " 2010 United States foreclosure crisis - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/2010_United_States_foreclosure_crisis)

So-called "robo-signing" might be cause for reforms in the foreclosure process, and may in specific cases justify discipline of notaties and other mortgage industry professionals, but unless you can demonstrate that, in your own case, some affidavit or other document was false, I don't think you have a case.

Robo sign is a term used for several things in the mortgage foreclosure, in some cases, they actually use a machine to sign ( not a person) in others, several people merely sign the loan persons name, clerks sign for another person. In some cases there are 10 or more people signing for one person.

Courts have ruled that the process has to be reviewed by specific people who has to sign them.

So they can file to have the foreclosure over turned, but this does not release the loan from being due.