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Quiet Title Actions- Suit for Quiet Title

Quiet Title Actions- Suit for Quiet Title

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Published by RK Corbes
quiet title, quiet title actions, suit for quiet title
quiet title, quiet title actions, suit for quiet title

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Categories:Business/Law
Published by: RK Corbes on Feb 20, 2012
Copyright:Attribution Non-commercial

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10/24/2013

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Quiet Title actions- Suit for Quiet Title
I have long been researching quiet title actions against lenders who have placed MERS as the beneficiary on a deed of trust, and where the note has been separated from the deed of trust as thelender sells the note to another party or stream of additional parties through the securitization process. When MERS is listed as the beneficiary or nominee of the lender and the deed of trust states that only the actual true lender has the ability to move the deed to another partythrough a foreclosure action, MERS is simply not a party of Interest. MERS has no skin in thegame. They have received no payments nor have they paid any money to any party in themortgage transaction. They have no beneficial interest in either a foreclosure, an reo sale, amortgage modification or a quiet title action against the lender. They are very simply a strawman variable to be manipulated at will by the lenders and their attorneys allowing them to statethat MERS is foreclosing on behalf of whatever party they say as most of the times they have noclue who really owns the note nor do they have any proof of ownership . MERS is a piece of alchemy created by lenders, owned by lenders to allow a huge clusterfuck of mortgage notes tomake no difference when servicers go to foreclose on homes as the real estate market precipitously dropped as they knew it would. MERS allows the mortgage lenders to take a³Lets foreclose on them all and sort out the money later´ attitude. There are a vast array of cases across jurisdictional boundaries upholding the 1872 US Supreme Court precedentCarpenter v. Longan, 83 U.S. 271, at 274, including Landmark v Kesler in kansas which statesthat when the note is separated from the deed as in the case of a MERS nomination, the deed becomes a nullity and the remedy is Quiet Title. read this from mr. Neil Garfield. Plan your attack accordingly. (I am not an attorney and do not give legal advice) We do have a fewgreat pleadings though. Fill out the form to the right if you want a free copy of our quiet title pleading. Let us know if you are an attorney or a distressed homeowner. We may be able tofind you great local counsel. We have counsel in
California filing quiet
title actions. Our 
 california quiet title
action is based on the model used in Utah by Walter keane to nullify thetrust deed. Although Als office is in Southern California we have relationships with attorneysthroughout the entire state of 
California
for appearances required for a
California Quiet Title
action
PRIMARY CAUSE OF ACTION ± THE DEED OF TRUST IS NULLQUIET TITLE IS THEREFORE REMEDY TO THAT NULLITY
 1. Between July to August 2006, a now-bankrupt Countrywide Home Loans Inc. in conjunctionwith US Bank N.A.,
illegally decoupled (separated) ownership of a note,
which listedCountrywide Home Loans Inc., ± 
from ownership of the Arizona-recorded Deed of Trust,
 which in contrast listed the µbeneficiary¶ as MERS. (Maricopa County Recorder #2006-10000).This now-bankrupt Countrywide Home Loans Inc. note was created in the name a previousowner of Plaintiff¶s property at _____________.2. During this origination period, Countrywide Home Loans Inc. and US Bank N.A. well knewlong-standing black letter mortgage law ± the 1872 US Supreme Court precedent Carpenter v.Longan, 83 U.S. 271, at 274, inter alia, which states
any separation of the Note from
the Deedof Trust
is a Nullity.
 
 
³The note and mortgage are inseparable; the former as essential, the latter as an incident. Anassignment of the note carries the mortgage with it, while an assignment of the latter alone is anullity´.
 3. In the last 24 months, Carpenter v. Longan, 83 U.S. 271, at 274 has been repeatedly used asfoundational precedent throughout this county, as the basis for illegal nullity in numerous courtsincluding the Kansas Supreme Court in Landmark Nat¶l Bank v. Kessler, 216 P.3d 158 (2009);and the Supreme Court of Arkansas in Mortgage Electronic Registration Systems. Inc. v.Southwest Homes of Arkansas, 2009 WL 723182 (2009), inter alia, and many others.COUNT IQUIET TITLE, A.R.S. § 12-1101, et seq.4. Plaintiff repeats, re-alleges, and incorporates by reference the foregoing paragraphs.5. Plaintiff holds title to its subject property at _________________.6. Plaintiff is credibly informed and believes that these non-real party(ies) in interest Defendantsmake some claim adverse to Plaintiff.7.
A null security agreement is unenforceable for foreclosure or cloud on title in Arizona.Quiet Title is the only remaining option.8. Defendants¶ Decoupling Separation violates the long-standing precedence of Carpenterv. Longan, 83 U.S. 271.
 9. Said Deed of Trust was indeed separated from the note, one or more times, making it null,deficient, and illegal.10. Said nullity is an improper cloud on title.11. WHEREFORE, Plaintiff requests that judgment be entered against Defendants as follows:A. Judgment establishing Plaintiff¶s estate as described above;B. Judgment barring and forever estopping Defendants from having or claiming any right or titleto the premises adverse to Plaintiff;C. Judgment for Plaintiff¶s attorneys¶ fees and costs;D. Such other and further relief as this Court deems just and proper.Excerpt from Arizona Quiet title action« InterestingWe are actively looking for TILA and RESPA familiar attorneys WHO HAVE ALSO filed quiettitle actions in the following cities: Please contact us if you are a bankruptcy or litigationattorney in one of these areas who files rescission actions or quiet title actions against mortgagelenders and wish to partner with a real forensic mortgage auditing shop. New York New York Los Angeles CaliforniaChicago IllinoisHouston TexasPhoenix ArizonaPhiladelphia PennsylvaniaSan Antonio TexasDallas TexasSan Diego CaliforniaSan Jose CaliforniaDetroit MichiganSan Francisco CaliforniaJacksonville FloridaIndianapolis IndianaAustin TexasColumbus OhioFort Worth TexasCharlotte North CarolinaMemphis TennesseeBaltimore MarylandBoston MassachusettsEl Paso TexasMilwaukee WisconsinDenver Colorado
 
Seattle Washington Nashville TennesseeWashington District of ColumbiaLas Vegas NevadaPortland OregonLouisville KentuckyOklahoma City OklahomaTucson ArizonaAtlanta GeorgiaAlbuquerque New MexicoKansas City MissouriFresno CaliforniaSacramento CaliforniaLong Beach CaliforniaMesa ArizonaOmaha NebraskaCleveland OhioVirginia Beach VirginiaMiami FloridaOakland CaliforniaRaleigh North CarolinaTulsa OklahomaMinneapolis MinnesotaColorado Springs ColoradoHonolulu HawaiiArlington TexasWichita KansasSt. Louis MissouriTampa FloridaSanta Ana California New Orleans LouisianaAnaheim CaliforniaCincinnati OhioBakersfield CaliforniaAurora ColoradoPittsburgh PennsylvaniaRiverside CaliforniaToledo OhioStockton CaliforniaCorpus Christi TexasLexington KentuckySt. Paul MinnesotaAnchorage Alaska Newark New JerseyBuffalo New York Plano TexasHenderson NevadaLincoln NebraskaFort Wayne IndianaGlendale ArizonaGreensboro North CarolinaChandler ArizonaSt. Petersburg FloridaJersey City New JerseyScottsdale Arizona Norfolk VirginiaMadison WisconsinOrlando FloridaBirmingham AlabamaBaton Rouge LouisianaDurham North CarolinaLaredo TexasLubbock TexasChesapeake VirginiaChula Vista CaliforniaGarland TexasWinston-Salem NorthCarolina North Las Vegas NevadaReno NevadaGilbert ArizonaHialeah FloridaArlington VirginiaAkron OhioIrvine CaliforniaRochester New York Boise IdahoModesto CaliforniaFremont CaliforniaMontgomery AlabamaSpokane WashingtonRichmond VirginiaYonkers New York Irving TexasShreveport LouisianaSan Bernardino CaliforniaTacoma WashingtonGlendale CaliforniaDes Moines IowaAugusta GeorgiaGrand Rapids MichiganHuntington BeachCaliforniaMobile AlabamaMoreno Valley CaliforniaLittle Rock ArkansasAmarillo TexasColumbus GeorgiaOxnard CaliforniaFontana CaliforniaKnoxville TennesseeFort Lauderdale FloridaWorcester MassachusettsSalt Lake City Utah Newport News VirginiaHuntsville AlabamaTempe ArizonaBrownsville TexasFayetteville North CarolinaJackson MississippiTallahassee FloridaAurora IllinoisOntario CaliforniaProvidence Rhode IslandOverland Park KansasRancho CucamongaCaliforniaChattanooga TennesseeOceanside CaliforniaSanta Clarita CaliforniaGarden Grove CaliforniaVancouver WashingtonGrand Prairie TexasPeoria ArizonaRockford IllinoisCape Coral FloridaSpringfield MissouriSanta Rosa CaliforniaSioux Falls South DakotaPort St. Lucie FloridaDayton OhioSalem OregonPomona CaliforniaSpringfield MassachusettsEugene OregonCorona CaliforniaPasadena Texas

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