When should I invite you to my Quiet Title party?

Issues with Quite Title complaints and matters of equity In looking at the many strategies that are being brought forward that pertain to wrongful foreclosure actions; there are none more disappointing than the Quiet Title complaints that state a lot of information but lack substance, form, and timeliness. There is a misnomer in the application of using a quiet title complaint in thinking that the quiet title cause of action is a fix all for problems pertaining to the title of Real Property that has been clouded by actions of other parties attempting to claim an interest to title. The problem is that in many instances this is putting the cart in front of the horse. I have viewed many Quiet Title complaints and while a lot of claims are made and a lot of facts are stated within these quiet title complaints; it is just sizzle and no viable substance to carry the cause of action. A complaint that "pleads facts that are 'merely consistent with' a defendant's liability”, stops short of the line between possibility and plausibility of “entitlement to relief.” Id: (Quoting Twombly 550U.S.at 557) many times parties are named and claims of harm are stated however these claims are not sufficient to support a claim upon which relief can be granted. As a result many of these Quiet Title complaints are often remanded to the federal courts where a motion to dismiss is filed by the defendants and a Rule 12(b) (6) dismissal is ordered by the courts. Lacking legal sufficiency of claims being presented is one of the many reasons that these Quiet Title complaints fail. It is this writer’s opinion that to file a Quiet Title complaint before a determination of superior right to title has been made is un-timely. A new perspective is the cause of action Slander of Title Unfortunately, that is not what is being done; many times parties are named to participate in the Quiet Title action and then are told that they do not have any standing to respond. Rather than attempting to go forth using a Quiet Title Complaint that enjoins named parties and then attempts to sever the party from the action. First one needs to make a determination as to the culpability of parties that will be allowed to participate in this arena of judicial litigation. Slander of Title is a cause of action that addresses securitization issues and provides a client with the ability to name interested parties in order to clarify if a party has a valid claim to real property supported by statuary law. Declaratory Relief in a Slander of Title action would allow the court to declare by statute. i.e.: “Whether the defendant is a party to title of real property being disputed” Relief such as this (888) 491 – 3741 info@mortgagecomplianceinvestigators.com

sets the Status quo for whom the proper parties to be named would be in a future complaint that could possibly pertain to the clouded title issues created by the securitization of real property mortgage loan instruments. It is this writer’s opinion to have the courts makes a determination as to the legal rights of a party to any actions on the title of real property first and foremost? Respectfully, Joseph Esquivel Mortgage Compliance Investigators Copyrighted© 2013

(888) 491 – 3741 info@mortgagecomplianceinvestigators.com

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