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Florida Quiet Title Complaint_Garcia-Lawson v Suntrust

Florida Quiet Title Complaint_Garcia-Lawson v Suntrust

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Published by: StopGovt Waste on Apr 24, 2012
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07/09/2013

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Florida and California, hotbeds of mortgage foreclosure actions, differ in this central respect: Florida requiresa lawsuit to foreclose; California does not. Thus, we call Florida a ³judicial foreclosure state´ and California a³non-judicial foreclosure state.´Both kinds of states have a central feature in common: the homeowner may sue for ³Quiet Title,´ an actionthat puts to rest all disputes over who has claim to the property. Why bother with Quiet Title? Two reasons:1.
 
The homeowner can fare better in ATTACKing the opponent, a wealthy lender, servicer, or trust, thandefending against their attack because It allows the homeowner to drive the litigation, control its timing,and appear as the injured party to the court.2.
 
The circumstances of the associated transaction (appraisal, mortgage, loan, trust, ownership of the note,holder in due course, service) fully justify the attack ± in nearly every circumstance, the lender andassociates have cheated the homeowner.TO BEGIN WITH, the lender has cheated the homeowner by engaging in shenanigans that1.
 
Cause people to relocate every 5 to 7 years, with an effort to drive them to relocate every3 years2.
 
Depress the value of real estate but force the homeowner to shoulder the brunt of the associated lossesAny proper court would look at the maneuvers to create this mess as an evolutionary unconscionability of themortgage and note. Why? Because nobody in his right mind would agree to pay the current mortgage amount for the typical home.For example. Say you bought a house for $350,000, paying $40,000 down, and you now owe $300,000, butthe house has lost so much value it now would bring only$200,000 retail and in great condition, and only $130,000in a short sale if you just had to move out. NOBODY of sound mind would pay your mortgage balance for thathouse. Only an idiot would do it and idiocy does not run in your family.Obviously, you have an excellent moral and ethical case against the lender, particularly because they andsimilar lenders lent money to unqualified buyers who defaulted and THAT drove down real estate values. Theycaused the collapse of values, but they want the courts (or in the case of non-judicial foreclosure states, the trustee)to force you to pay the full mortgage amount. Logically, the investment went bad. They, the sophisticatedinvestors who caused the collapse could have foreseen the collapse (and surely did see it), but ignored it. Thus,they cheated you from the outset.So, any honest trial judge of integrity should cram-down the mortgage balance to the current market value of the house, minus any equity you have paid. But it will take some serious litigation and political pressure to get theforeclosure judges to do this.In the attached Florida Quiet Title complaint, modeled similarly to a Charles Lincoln California Quiet Titlecomplaint, Kathy Ann Garcia-Lawson (KAGL) stops short of demanding such an action from the judge, and yetshe goes way beyond it. She wants the entire mortgage tossed out because of fraud.What¶s more, she links the Quiet Title action to her husband¶s divorce efforts. She claims in the complaintthat the affidavit of continuous marriage they signed to get the mortgage loan binds him to stay marriage or suffer the brunt of house payments AND remain liable to any damages should foreclosure happen. If more jiltedspouses made such claims fewer divorces might occur.Anyway, I have attached KAGL¶s complaint doc file should anyone want to use it as a model, and I haveuploaded related docs tohttp://scribd.com/bobhurt, including a class action lawsuit in California against aforeclosure attorney. Download them at these links. USE THEM. Spread these links around so others can usethem. See the original KAGL pleading appended below.
y
 
Florida Quiet Title Complant by KAGL -http://www.scribd.com/doc/30047379 
y
 
California Quiet Title Complaint by Charles Lincoln-http://www.scribd.com/doc/30047668 
y
 
California Class Action Complaint by Charles Lincoln -http://www.scribd.com/doc/30047112 Consult an attorney, of course.
Bob Hurt
 
2460 Persian Drive #70
Clearwater, FL 33763
(727) 669-5511
 
Donate to myLaw Scholarship
 
LetJurisdictionaryteach you to litigate
 
Stay updated on legal issues with theLawmen Newsletter 
 
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from thetLawmen Archives
 
Improve your financial fortunes withGetZooks!
 
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 KATHY ANN GARCIA-LAWSON et. al. v. SUNTRUST MORTGAGE, INC., and  JEFFREY P. LAWSON, FEBRUARY 11, 2010
 
1
UNITED
S
TATE
S
DI
S
TRICT
 
COURT
 S
OUT
H
ERN
 
DI
S
TRICT
 
OF
 
FLORIDA---PALM
B
EAC
H
K
 ATHY ANN GARCIA-LAWSON, §Plaintiff, §§v. § Case No. ________________ §SUNTRUST MORTGAGE, INC., §SUNTRUST BAN
K
, INC., and §JEFFREY P. LAWSON, § COMPLAINT And all JOHN & JANE DOES 1-50 § Trial-by-Jury DemandedDefendants. § according to FRCPRule 38§ and the Seventh Amendment§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§
COMPLAINT
 
FOR
Q
UIET
 
TITLE
 1.
Comes now the Plaintiff 
K
 ATHY ANN GARCIA-LAWSON, with thisher Original Complaint For Quiet Title, complaining for declaratory judgment in respect of the same, and demanding damages arising fromfraudulent conveyance and slander of title to inflicted by SUNTRUSTMORTGAGE, INC., and Jeffrey P. Lawson all relating to the Plaintiff¶sHomestead real estate located at the above-noted address at 2620Nature¶s Way, Palm Beach Gardens, Palm Beach County, Florida 33410.
2.
Jurisdiction is conferred upon this court pursuant to 28 U.S.C. §1331in that the claims alleged therein arise under the laws of the United States.
3.
This court has supplemental jurisdiction pursuant to 28 U.S.C.§1367 to hear and determine Plaintiff' state law claims because thoseclaims are related to Plaintiff' federal claims and arise out of a commonnucleus of related facts and form part of the same case or controversyunder Article III of the United States Constitution.
4.
Defendant SUNTRUST MORTGAGE, INC., is named as primaryDefendant because that is the name of the bank claiming interest in
 
 KATHY ANN GARCIA-LAWSON et. al. v. SUNTRUST MORTGAGE, INC., and  JEFFREY P. LAWSON, FEBRUARY 11, 2010
 
2
Plaintiff¶s property, despite having submitted claims in U.S BankruptcyCourt which definitively show that SUNTRUST MORTGAGE, INC. isneither in privity with Plaintiff 
K
athy Ann Garcia-Lawson on any contract(because of assignment) and is plainly NOT the holder in due course of the note which the Plaintiff signed, and that this lack of privity and transfer of interest is apparent from the face of the documents submitted inBankruptcy Court because Sun Trust Mortgage ENDORSED the note inblank and without recourse (See Exhibit A).
5
.
This endorsement indicates that Defendant Suntrust Mortgage, Inc.,has ³cashed´ or fully negotiated the Plaintiff¶s note, i.e., been paid for it infull, and if any debt is owing to any party, despite the lack of mutuality inconsideration, with NO consideration whatsoever identified in themortgage contract (Exhibit B) as flowing from SUNTRUST MORTGAGE,INC., to the Plaintiff, that debt is owing NOT to Suntrust Mortgage, Inc., or Suntrust Bank, Inc., but to the true holder in due course of Plaintiff¶s note,identified in this Original Complaint only as one of up to fifty ³John or JaneDoes.´
6.
SUNTRUST MORTGAGE, INC., identifies itself as a VirginiaCorporation on the May 23, 2003 note, which is the primary focus andsubject of this lawsuit. SUNTRUST MORTGAGE, INC., operates in anumber of states throughout the United States organized into differentgroups. SUNTRUST MORTGAGE, INC., appears, however, to be asubsidiary of and otherwise affiliated with SUNTRUST BAN
K
S, INC.,incorporated in the State of Georgia with its Principal Place of Business at303 Peachtree Street, NE, Suite 3600, in Atlanta, Georgia 30308. Seehttp://media.corporate-

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