Beverly Hills, CA -- (ReleaseWire) -- 05/14/2012 -- Quiet Title and Quiet Title Action are indeed different, therefore let’s clear up any misconceptions that may exist.
Quiet title is a legal remedy brought by a party with interest in the property, where the intent is to remove all said claims by other parties who falsely assert invalid interest in the property. According to Rick Haughton, Managing Editor of QuietTitlex.com, “The act of Quieting Title is not a new concept or standard; there must be an alleged claim on record or a defect known as a break in the chain of title, whether directly known or assumed. “
In the case of foreclosure, typically a court clerk looks at a few limited factors when determining if a foreclosure action shall proceed:
1. There exists a valid debt of which the party seeking to foreclose is the holder,
2. There exists a default,
3. The party seeking to foreclose has the right to foreclose under the instrument,
4. Notice has been given to those entitled to notice.
However, in the case of foreclosure fraud, most if not all court clerks are not in a position to make a determination if elements of fraud exist. In many instances consumers are battling foreclosure, Pro-Se, thereby experiencing obstacles due to false information and costly mistakes made throughout the entire convoluted court process.
Rick Haughton goes on to state that “a Quiet Title legal action seeks that the presiding court enter into a special arrangement, resulting in a final judgment approval, whereby the presiding judge affirms the rights of the parties involved, with respect to the specific piece of real estate.” Quiet Titles are state specific, meaning, each state carries specific guidelines regarding that may differ from the next.
Some of the grounds in which a consumer would move forward and pursue Quiet Title are:
1. Adverse Possession – This is when the new possessor (homeowner) brings forth a suit to obtain title in his or her name
2. Fraudulent Conveyance – This is when a property is conveyed by a forged deed or missing assignment, etc.
3. Competing Claims – This is when numerous companies, parties or individuals are seeking to acquire a said property to satisfy a mortgage lien.
A consumer will have a better chance at pursuing Quiet Title, when there exists, clear evidence that a break in the chain of title exists:
Break in the chain of title
For consumers seeking to learn more information about Quiet Title, and determining if you’re a victim of Foreclosure Fraud, please Click Here: Quiet Title to watch a free video which covers this subject in more detail.
Consumers can also learn step by step about Quiet Title and how to find their Securitized loan by clicking this link: http://quiettitlex.com
QuietTitlex.com is an online website focused on providing consumers with relevant information pertaining to Quiet Title, Quiet Title Action and Foreclosures nationwide. For more information about Quiet Title or related research topics, please visit our website at http://www.quiettitlex.com.