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Filing Quiet Title to avoid foreclosure?
I wonder if anyone knows about Quiet Totle proceedings since the bank fraud debacle is going on and title to our homes is clouded since the banks didn't do the MERS process of registering the land and home titles. Also due to the mortgage back securities making it unclear as to who owns the note on the house. Would it hold up in relation to these issues to file quiet title on my home against Wells Fargo?
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Nope. A quiet title action is used to clear a specific claim to ownership of a property. You would use a quiet title action for example, if someone was claiming they have an ownership interest in a property.
It is not used to clear a lien against the property. |
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At best you can delay a foreclosure, the issue is, the person who borrowed the money owes it. And the bank has a lien against the property. The procedure to process the foreclosures were being done improper according to rules so one can file to require them to provide data and paper work as required. But this is merely a delay, nothing to stop a foreclosure down the road.
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