Al West Quiet Title Actions California

July 17, 2011 at 4:13 pm

Quiet Title Actions in California Ok the first thing I like to do is describe exactly how we use quiet title, who we file the suit against, what we claim and the basis for our claims and finally why this is a very powerful method of fighting predatory lending and unlawful foreclosure. You have probably heard much of this from LFA but I do not view any repetition as negative here. OK I am presuming that you know who MERS is.but heres a short description MERS is a business created by and is owned by Bank of America, chase, citimortgage, Commercial Mortgage Securities Association, American title, Fannie Mae, Freddie Mac, GMAC, ever home, HSBC, mortgage bankers association, Merril Lynch. This list goes on to be the diabolical whos who in predatory mortgage lending, PMI insurance underwriting and the securitization and sale of mortgage backed securities and subsequent foreclosure and liquidation of real property. The crooks. The guys wrecking our economy and the lives of millions of Americans and doubly true in California where Al West Files Quiet title actions . MERS has attempted to supplant the real property recordation system with their own recordation system run by themselves. They are busted but the fight rages on. MERS was created by the banks to prevent the banks from having to record transfers of promissory notes at the county level so that the rich guys can avoid paying transfer taxes at the county level. What they do is put a MIN number on your deed of trust and name themselves as a beneficiary of the note or a nominee for the beneficiary and this allows them to track the note ownership internally and not record who really owns the note in the land record. That makes MERS a tax evasion broker. The system was also built to support allowing the predator lenders to securitize mortgage promissory notes into mortgage backed securities and transfer the ownership of the notes seamlessly without informing the local land record who really owns the note. In fact MERS hides who actually owns the note. purposefully. The MERS system also allows the lenders to foreclose at will using MERS as the foreclosing party. After all it now states on your deed of trust that they are the beneficiary. Are they a real beneficiary?of course not! They are not entitled to your payments nor are they entitled to any part of the proceeds if you are foreclosed onthey are in fact a non-party. Yet they were able to foreclose on millions of homesuntil recentlyIt has been found in multiple jurisdictions to be completely illegal, appealed into higher and higher courts and affirmed completely illegal. Have you read the Ibanez case in Massachusetts or the Horace v LaSalle national bank as successor to bank of America case in Alabama? Here is how our method of filing quiet title process works and Id ask you to listen closely. The MERS system, by the way was brilliant, I actually have to have respect for these brilliant wall street wizard for creating such a monster at the same time I fight them. but the bankers DID NOT think it completely 100% through. MERS you see, accidentally leaves parties who have no interest at all in your mortgage note or your real property in the land record. Parties who are stated in the land record as parties of interest

who have in fact no interest in anythingGreg Bryl, a local foreclosure defense attorney writes that in non-judicial foreclosure states MERS holds and owns nothing. These parasitic parties we know how to get rid of and this is how it works.On your deed of trust is a trustee. This trustee is typically a title company or possibly a small real estate lawyer. Many times we find that these little title companies are out of businessDo you want an out-of-business company slandering your title??? Of course notYour deed of trust also names who your original lender is.. lets say its countrywide. It also names you as the borrower and grantor of the trust are you following me?? Ok heres the problem the lenders are facing right now and this is what we take advantage of.if Countrywide underwrites your mortgage and then immediately sells the note off to a mortgage backed securities pool IS COUNTRYWIDE STILL YOUR LENDER?? Of course not. Yet they remain in the land record on your deed of trust And if countrywide is no longer your lender then who is the trustee holding your deed for?? Thats right they dont know, you dont know and so why should they be allowed to slander your title?.. They should not and they can be forcibly removedMERS leaves in its wake parties of no interest directly in the land record. What we do is find out who really owns your note and have attorneys who sue the parties who should not be in your land record for you and demand that they remove themselves immediately or challenge them to provide proof that they are real parties of interest which they cannot doGUESS WHAT THIS DOES FOR YOUVOILAit completely nullifies your trust deedGuess what that means?? It makes your property non-foreclosable, the property is now free and clear. You are free to sell it and stash the cash in your pocket. Do you want to own your house free and clear?? That is how it is done. Rescission is dead. Quiet Title is waking upGood luck RMBS investors. You wish to talk to Al ? Call 888-400-6682 or 540-341-1481 heres a great article on quiet titlefound on http://www. patriotswar.com site I would suggest buying this guys book when it comes out and will be creating a link to the page where it can be bought.. | Dave Krieger Avirani and Indigo I have been working on a book about this whole mess for quite sometime and it is about to be published. The book presents several angles on attacking the lenders. Your takes on WITHOUT RECOURSE are a blessing, since you are citing case law. All of these posts (pertaining to anonymous) do come with a caveat. Bear in mind when you post that the banks are reading this blog too. I happen to know of a few law firms right now (foreclosure mills) that read this blog on a daily basis. I also know of a few judges that are reading this blog as well. All of this I know through direct contact with clients, as well as assisting their attorneys as a paralegal with case work. RE: UCC every case is state specific. You cant quote the federal UCC because the states have adopted it into their own versions and altered it to please the political machinery. Max Gardner told me this. In my research for the book, I have talked to hordes of attorneys about this stuff and they are very candid when they say that 2

these foreclosure mills, all part of the grand scheme, are fully briefed by the banking community as to how to answer these suits and what they can and cannot get away with. The mavericks that tend to become arrogant (like Stern) get caught bringing fraud on the court. Aside from that, the individual attorneys I have spoken with admit that they do not have the resources to share information as readily as the foreclosure mill networks do. This is why we have a problem. Attorneys have egos and the more successful ones know that if an outside source brings them something credible that sounds plausible enough to win with then theres a chance the homeowner is going to get results. Seemingly expected not all of the stuff I share with the hosts of this blog get shared with the community. When you know that the other side is watching what homeowners are posting on this and other related blogs, you will find bits and pieces of interjections that are designed to sway the reader or as in a court case, get them off point. The best way for a defendant lender to win is to get the Plaintiff homeowner off point, to where the plaintiff goes off on serious, unproven, unchartered, unsupported (without case law) conspiracy theories that have no merit because they are just that, theories. This is true your allegations of disinterested counter parties lodging false information on these blogs has merit. One can only verify through (1) research; and (2) discovery. This is why I wrote my book on quiet title actions (along with everything else in the kitchen sink). In order to weaken the other side, thousands of lawsuits a week are going to have to get filed, because there are NOT enough foreclosure mills to defend them. True, the court system will be clogged like a sewer with these actions. True, a lot of these banks will typically get their attorneys to remove the case to federal court, thinking they can get a slam dunk on diversity jurisdiction (multiple defendants from other states makes in federal according to their rationale) so they can get a 12(b)(6) ruling. This is why the entire cause must be centered around quieting title. Instead of going after all of these counts, as I have seen in the past, take only the quiet title as your lead cause and build your case using key points (not as counts, but as predicators) this is what I have seen the good attorneys do in their pleadings and believe me these class actions inure to the benefit of the attorneys that file them and because of the class, only one law firm needs to take it on. If youve got thousands of homeowners filing quiet title suits in state court (sticking to state statutes) the lenders do not know how to react. They usually are in the drivers seat, foreclosing on the homeowners. They have a scheme for that. They have a tested methodology that has worked up to a point. They know what they can get away with at least up until now. You will notice that the suits that are winning are individually filed or individually defended. If you do not have the Federman decision I would be happy to send it to you, as it doesnt seem to be posted on here. The last paragraph of the order invites Bank of America and MERS to come forward and produce documentation to prove agency. Hon. Arthur Federman is a very smart and highly regarded bankruptcy judge. Its just too bad that people dont read his decisions BEFORE filing bankruptcy. (I sent the Order to Neil but I havent seen any reference to it being posted on here yet. hint hint)

The banks either (1) cant produce the note; or (2) tie themselves in some way through contract to prove agency. I write about that in my book. These flaws are NOT hard to prove. I have talked to attorneys who say that the banks attorneys come into court with a pomposity that reeks when they walk in the door. They are not expecting any attorney to be able to wade through the gobbledygook of paperwork and arguments they present, because generally, the homeowner has hired a lawyer that doesnt know his a** from a hole in the ground. (Neil is right on that point.) In quiet title actions, supporting state case law is very relevant, because the judges law clerks can research it and apply it to your case. If you start putting in federal questions, you give the other side cause celebrate to remove it to federal and slam dunk you. Quiet title actions are a state right and no federal judge can quiet title to property sitting in state jurisdiction. The filings are in the county recorders offices (and I seriously doubt that 99.9% of all borrowers signing the Deed of Trust even knew what the hell they were signing). The theories of who loaned who credit and who got paid first and who got screwed second is NOT the crux of your case. Its the original documentation that created the fraud and the subsequent filings in the county courthouse that become part of your quiet title action. You see, most states declare in statute that as long as you retain possession at the time you file a quiet title suit, you can move forward, even if you are in foreclosure. Some states even allow quiet title actions to be filed POST FORECLOSURE, POST EVICTION! Again, this is state specific, where federal law and rules cannot be applied. This I know from research. I cannot give this out as legal advice obviously. Blogs are great sharing tools provided the information being shared is credible and can be verified. The lenders foreclosure mills shrink up like a man with erectile dysfunction when placed under this kind of stress, because of the burden of proof is virtually split between the Plaintiff, who makes allegations supported by case law and the Defendant lender that has to tie all of the ends together. Once the quiet title action is filed the lender cant go back in and record documentation after the fact to perfect their security interest they have to bring it into open court, where you can impeach it. I have two successful quiet title actions under my belt personally, so I know how they work. I also happen to know what the four corners rule/doctrine is. Its the entire content of the page taken as a whole versus the specifics contained therein. This is very useful in wrongful foreclosure actions. Couple a wrongful foreclosure action with quiet title and then find your state statute that makes it a state jail felony to file such fraud with the county court clerks/recorders/register of deeds bring the local county recorder and the DA into your case; show them the docs; show them where they are suspect; get them on your side; the judges ruling on your cases are more likely to see reason because you have the county working with you to stomp out fraud. Even as a pro se Plaintiff (which I shudder to think could pull this off, but could) it would lend a lot of credibility to your case if you have outside sources with credibility jumping into the fray. This is how

County entities that record documents, such as deeds of trust, become aware as to WHY they are being deprived of income because of MERS. and let me tell you here and now MERS aint no Viagra. If you look at your original deeds of trust and see who the players are, you will figure out WHY the whole thing is a fraud, without me having to get on here and tip my research to the banks who are wondering the same thing. Comment on Mass Extinction of Pools Becomes Clearer by gwen caranchini Today, July 30, 2010, 13 hours ago | gwen caranchini This is a great post from Dave who I am using myself to help me in my pro se caseI am a former trial attorney of some 30 years in civil rights cases in Fed and State Courts so pro se for me is a bit different. Dave is always right on with his case law and his theories. The def are attempting to remove my quiet title action to fed ct and I am objecting. I have also filed a complaint with the FBI alleging the fraud in the HAMP program based upon what is going in my case and the fraud in the MERS filings which when you look at all the docs at the courthouse TOGETHER the fraud becomes clear in several different ways. Dave is the brightest paralegal I have ever met and should be a lawyer. I have never had one thing he sent me prove to be wrongthis guy has also got the common sense approach to this and is not out there with legal theories that are hard to prove. He knows too what dis we need. You all would do well to listen to him, get his posts and use his services. Comment on Mass Extinction of Pools Becomes Clearer by gwen caranchini Today, July 30, 2010, 11 hours ago | gwen caranchini Stupendous Manthe case Dave is referring to is In Re Box decided June 3 before Arthur Federman in the United States Bankruptcy Court for the Western District of Missouri. I sent Dave that case. It is a wonderful decision, especially the last page. A bit of an update on that case as I spoke to the Trustees office as a follow-up. Apparently BAC continues to ask to be heard at creditors meetings on this matter even after relief from stay was denied BAC. The trustee is refusing to acknowledge BAC has a position at the creditors meeting because it has not proved it holds the note in question as Judge Federman found. The last page of Federmans decision told BAC that when they had the note or claimed to have the note they could ask for an evidentiary hearing that showed they had the note and could establish agency for being able to seek foreclosure on the note. To date, some 7 weeks later, they have yet to do so and given that the Trustee continues to deny them the right to speak at creditors meetings. Comment on Mass Extinction of Pools Becomes Clearer by Dave Krieger Today, July 30, 2010, 11 hours ago | Dave Krieger The basic quiet title actions follow to form and purpose. You use whatever basis for your claim as necessary. There are a lot of templates you can use out there. Many attorneys use ProDoc which have state specific stuff in it. If you look at cases that are specific to your cause and you go to the law library to look them up find cases that are specific to your area or where someone has filed pleadings in a court near you. Then go to that court with the case # and get a copy of the pleadings directly from the case file. You can then see how it was formatted. Before you pay for pleadings though, make sure the outcome was positive via the case cite. No sense pulling case

pleadings that were incorrectly plead. The case cite itself will tell you whether or not the case was successful in the case of the homeowner. My two quiet title actions were against a defunct corporation in Arkansas over resort property I acquired from the state. They did not challenge, thus I was awarded. I didnt have to prove fraud. This is part of how you make money on tax deed sales, by quieting title BEFORE you sell. Since I invest in real estate, quiet title actions have been a particular interest of mine for some time. | Dave Krieger Avirani and Indigo I have been working on a book about this whole mess for quite some time and it is about to be published. The book presents several angles on attacking the lenders. Your takes on WITHOUT RECOURSE are a blessing, since you are citing case law. All of these posts (pertaining to anonymous) do come with a caveat. Bear in mind when you post that the banks are reading this blog too. I happen to know of a few law firms right now (foreclosure mills) that read this blog on a daily basis. I also know of a few judges that are reading this blog as well. All of this I know through direct contact with clients, as well as assisting their attorneys as a paralegal with case work. RE: UCC every case is state specific. You cant quote the federal UCC because the states have adopted it into their own versions and altered it to please the political machinery. Max Gardner told me this. In my research for the book, I have talked to hordes of attorneys about this stuff and they are very candid when they say that these foreclosure mills, all part of the grand scheme, are fully briefed by the banking community as to how to answer these suits and what they can and cannot get away with. The mavericks that tend to become arrogant (like Stern) get caught bringing fraud on the court. Aside from that, the individual attorneys I have spoken with admit that they do not have the resources to share information as readily as the foreclosure mill networks do. This is why we have a problem. Attorneys have egos and the more successful ones know that if an outside source brings them something credible that sounds plausible enough to win with then theres a chance the homeowner is going to get results. Seemingly expected not all of the stuff I share with the hosts of this blog get shared with the community. When you know that the other side is watching what homeowners are posting on this and other related blogs, you will find bits and pieces of interjections that are designed to sway the reader or as in a court case, get them off point. The best way for a defendant lender to win is to get the Plaintiff homeowner off point, to where the plaintiff goes off on serious, unproven, unchartered, unsupported (without case law) conspiracy theories that have no merit because they are just that, theories. This is true your allegations of disinterested counter parties lodging false information on these blogs has merit. One can only verify through (1) research; and (2) discovery. This is why I wrote my book on quiet title actions (along with everything else in the kitchen sink). In order to weaken the other side, thousands of lawsuits a week are going to have to get filed, because there are NOT enough foreclosure mills to defend them.

True, the court system will be clogged like a sewer with these actions. True, a lot of these banks will typically get their attorneys to remove the case to federal court, thinking they can get a slam dunk on diversity jurisdiction (multiple defendants from other states makes in federal according to their rationale) so they can get a 12(b)(6) ruling. This is why the entire cause must be centered around quieting title. Instead of going after all of these counts, as I have seen in the past, take only the quiet title as your lead cause and build your case using key points (not as counts, but as predicators) this is what I have seen the good attorneys do in their pleadings and believe me these class actions inure to the benefit of the attorneys that file them and because of the class, only one law firm needs to take it on. If youve got thousands of homeowners filing quiet title suits in state court (sticking to state statutes) the lenders do not know how to react. They usually are in the drivers seat, foreclosing on the homeowners. They have a scheme for that. They have a tested methodology that has worked up to a point. They know what they can get away with at least up until now. You will notice that the suits that are winning are individually filed or individually defended. If you do not have the Federman decision I would be happy to send it to you, as it doesnt seem to be posted on here. The last paragraph of the order invites Bank of America and MERS to come forward and produce documentation to prove agency. Hon. Arthur Federman is a very smart and highly regarded bankruptcy judge. Its just too bad that people dont read his decisions BEFORE filing bankruptcy. (I sent the Order to Neil but I havent seen any reference to it being posted on here yet. hint hint) The banks either (1) cant produce the note; or (2) tie themselves in some way through contract to prove agency. I write about that in my book. These flaws are NOT hard to prove. I have talked to attorneys who say that the banks attorneys come into court with a pomposity that reeks when they walk in the door. They are not expecting any attorney to be able to wade through the gobbledygook of paperwork and arguments they present, because generally, the homeowner has hired a lawyer that doesnt know his a** from a hole in the ground. (Neil is right on that point.) In quiet title actions, supporting state case law is very relevant, because the judges law clerks can research it and apply it to your case. If you start putting in federal questions, you give the other side cause celebrate to remove it to federal and slam dunk you. Quiet title actions are a state right and no federal judge can quiet title to property sitting in state jurisdiction. The filings are in the county recorders offices (and I seriously doubt that 99.9% of all borrowers signing the Deed of Trust even knew what the hell they were signing). The theories of who loaned who credit and who got paid first and who got screwed second is NOT the crux of your case. Its the original documentation that created the fraud and the subsequent filings in the county courthouse that become part of your quiet title action. You see, most states declare in statute that as long as you retain possession at the time you file a quiet title suit, you can move forward, even if you are in foreclosure.

Some states even allow quiet title actions to be filed POST FORECLOSURE, POST EVICTION! Again, this is state specific, where federal law and rules cannot be applied. This I know from research. I cannot give this out as legal advice obviously. Blogs are great sharing tools provided the information being shared is credible and can be verified. The lenders foreclosure mills shrink up like a man with erectile dysfunction when placed under this kind of stress, because of the burden of proof is virtually split between the Plaintiff, who makes allegations supported by case law and the Defendant lender that has to tie all of the ends together. Once the quiet title action is filed the lender cant go back in and record documentation after the fact to perfect their security interest they have to bring it into open court, where you can impeach it. I have two successful quiet title actions under my belt personally, so I know how they work. I also happen to know what the four corners rule/doctrine is. Its the entire content of the page taken as a whole versus the specifics contained therein. This is very useful in wrongful foreclosure actions. Couple a wrongful foreclosure action with quiet title and then find your state statute that makes it a state jail felony to file such fraud with the county court clerks/recorders/register of deeds bring the local county recorder and the DA into your case; show them the docs; show them where they are suspect; get them on your side; the judges ruling on your cases are more likely to see reason because you have the county working with you to stomp out fraud. Even as a pro se Plaintiff (which I shudder to think could pull this off, but could) it would lend a lot of credibility to your case if you have outside sources with credibility jumping into the fray. This is how County entities that record documents, such as deeds of trust, become aware as to WHY they are being deprived of income because of MERS. and let me tell you here and now MERS aint no Viagra. If you look at your original deeds of trust and see who the players are, you will figure out WHY the whole thing is a fraud, without me having to get on here and tip my research to the banks who are wondering the same thing. Comment on Mass Extinction of Pools Becomes Clearer by gwen caranchini Today, July 30, 2010, 13 hours ago | gwen caranchini This is a great post from Dave who I am using myself to help me in my pro se caseI am a former trial attorney of some 30 years in civil rights cases in Fed and State Courts so pro se for me is a bit different. Dave is always right on with his case law and his theories. The def are attempting to remove my quiet title action to fed ct and I am objecting. I have also filed a complaint with the FBI alleging the fraud in the HAMP program based upon what is going in my case and the fraud in the MERS filings which when you look at all the docs at the courthouse TOGETHER the fraud becomes clear in several different ways. Dave is the brightest paralegal I have ever met and should be a lawyer. I have never had one thing he sent me prove to be wrongthis guy has also got the common sense approach to this and is not out there with legal theories that are hard to prove. He

knows too what dis we need. You all would do well to listen to him, get his posts and use his services. Comment on Mass Extinction of Pools Becomes Clearer by gwen caranchini Today, July 30, 2010, 11 hours ago | gwen caranchini Stupendous Manthe case Dave is referring to is In Re Box decided June 3 before Arthur Federman in the United States Bankruptcy Court for the Western District of Missouri. I sent Dave that case. It is a wonderful decision, especially the last page. A bit of an update on that case as I spoke to the Trustees office as a follow-up. Apparently BAC continues to ask to be heard at creditors meetings on this matter even after relief from stay was denied BAC. The trustee is refusing to acknowledge BAC has a position at the creditors meeting because it has not proved it holds the note in question as Judge Federman found. The last page of Federmans decision told BAC that when they had the note or claimed to have the note they could ask for an evidentiary hearing that showed they had the note and could establish agency for being able to seek foreclosure on the note. To date, some 7 weeks later, they have yet to do so and given that the Trustee continues to deny them the right to speak at creditors meetings. Comment on Mass Extinction of Pools Becomes Clearer by Dave Krieger Today, July 30, 2010, 11 hours ago | Dave Krieger The basic quiet title actions follow to form and purpose. You use whatever basis for your claim as necessary. There are a lot of templates you can use out there. Many attorneys use ProDoc which have state specific stuff in it. If you look at cases that are specific to your cause and you go to the law library to look them up find cases that are specific to your area or where someone has filed pleadings in a court near you. Then go to that court with the case # and get a copy of the pleadings directly from the case file. You can then see how it was formatted. Before you pay for pleadings though, make sure the outcome was positive via the case cite. No sense pulling case pleadings that were incorrectly plead. The case cite itself will tell you whether or not the case was successful in the case of the homeowner. My two quiet title actions were against a defunct corporation in Arkansas over resort property I acquired from the state. They did not challenge, thus I was awarded. I didnt have to prove fraud. This is part of how you make money on tax deed sales, by quieting title BEFORE you sell. Since I invest in real estate, quiet title actions have been a particular interest of mine for some time.
state. They did not challenge, thus I was awarded. I didnt have to prove fraud. This is part of how you make money on tax deed sales, by quieting title BEFORE you sell. Since I invest in real estate, quiet title actions have been a particular interest of mine for some time