What Time Is The South Carolina Football Game Saturday Quiet Title – Not A Silver Bullet

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Quiet Title – Not A Silver Bullet

The latest financial elixir to grace the American stage is the quiet title concept. Many consumers are under the impression that a quiet act will get them a free house. Nothing is further from the truth. Why did I know? Because I wrote a seminar for continuing legal education credits for attorneys.

The workshop is approved in Florida, Georgia, North Carolina, Wisconsin and Nevada. I conduct seminars around the country on this topic and have had the opportunity to speak with homeowners facing foreclosure, real estate investors, mortgage professionals, and attorneys. After learning what the concept really is, everyone walked away with a better understanding.

Quiet title is designed to minimize litigation. Plain and simple. When you file this type of action, you file a claim against anyone who has a registered interest in your property. When you compare a foreclosure defense claim to a quiet title, the difference is night and day. Today’s legal system encourages homeowners to seek the advice of attorneys to represent them in foreclosure. But, and this is a big BUT. A lawyer who is not experienced in securitization, assignments, robo-signors, notary fraud and many other real-life aspects will be lost in court.

Well, now you are comfortable because your brother-in-law found you a good lawyer who will get it. This is the scenario that happened across the country. A good lawyer will represent you in court, but what does he actually do? He is trying to expand the foreclosure process. Paying a lawyer every month will create a low rent for you instead of the bank. However, you MUST continue to fund your attorney’s efforts. At the end of the day, when the lights go out, the lawyer will come to you and say, “we won.” what did you win You are dismissed without prejudice. This means that the opposing attorney simply tells the judge, “See you next month, because we’ll be back.”

Now you get the picture. Foreclosure defense is based solely on your financial ability to pay attorney fees and court costs.

Now, let’s see what a silent action is all about. In this type of action, you are only the plaintiff, not the defendant. This is a great move. You are the defendant in a foreclosure defense action. But let’s reverse the scenario. Let’s put the football on the opponent’s two yard lines and you will take it to the end zone. All you need is an attorney who understands the application of this law.

A claim is filed against anyone who has a registered interest. How do you understand this? You have a title search and it determines who has a registered interest or lien. I know of one case in SW Florida where an attorney and real estate broker paid a bank $153,000 cash for a home in a foreclosure sale and the bank did not own the home. Knowing who has a registered interest is the real purpose of the quiet title action. Once you have notified the party/s of registered interest, this is where the ice gets thicker.

They must prove in court that they have an interest in your property. It has nothing to do with how much you owe. A quiet action is heard under contract law, not tort law. Therefore, the loan amount is NEVER disputed. The argument is who has an interest that is provable. IF, you told the Judge, “Dear, I have a certified check to pay my debt.” “Can you tell the opposing attorney to give me back my original note when I pay this debt?” This never happens because the note was used as a financing mechanism when your debt was sold on Wall St. I could go on and on about this topic, but I wanted to touch on the logic of this topic.

After a lawsuit is filed, the defendant/s must respond within twenty days or, in some jurisdictions, thirty days. Yes, some homeowners have filed a quiet claim and received freehold ownership. BUT, this is rare. A good title quiet action removes the real interested parties and allows you to sit down at the table and negotiate with a real lender. When you deal with plaintiff lenders, service companies, and others who have no “skin in the game” or refer to “standing” as a legal arena, it can save you thousands of dollars in court costs.

Sincerely, Regis Sauger Author/Speaker

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