Posts Tagged MERS

Quiet Title

Action to Quiet Title.  A proceeding to establish a plaintiff’s title to land by compelling the adverse claimant to establish a claim or be forever estopped from asserting it.  Black’s Law Dictionary, (2004).

There are many reasons why one may need to bring an action to quiet title on real property.

If you have purchased property at a tax lien auction, filing a quiet title action is necessary in order to be able to convey marketable title.  Through this action, any clouds on the title may be removed, and any prior claims may be extinguished, leaving the owner with clear and marketable title.

You may have a different situation, such as a conflict in boundary descriptions in diverse recorded conveyances due to a clerical error or there may be improper liens on the property.  In some cases, simply refinancing your home may create clouds on title in the event that the interests of the parties were not properly recorded or in the event that proper satisfactions of prior liens have not been properly recorded.

If you are considering whether or not to purchase a property that has been foreclosed on, or are considering buying a property at a foreclosure auction, there are issues related to title that you might want to discuss with an attorney.

If you have questions about Quiet Title actions, please call my office and I am happy to discuss your case with you.

In 2014, Attorney Alexander Scott Dennison filed a lawsuit in Sarasota County Florida to quiet title to property and argued that both the Statute of Limitations and the Statute of Repose have run. For more information about this case, which as of January 26, 2015 is still pending before the 2nd DCA, please visit this link to Howell vs Suntrust, et al.

Other Practice Areas

  • Civil Appeals
  • Real Estate
    • Quiet title actions
    • Homeowner Association and Condo Association Disputes
    • Foreclosure Defense
    • Foreclosure Appeals
    • Landlord/Tenant
  • Sports and Entertainment Law
    • Arbitration Disputes
    • Contact Drafting
    • Mediation
    • Appeals of Arbitration Rulings
  • International Law
    • Private international law including international business transactions.
  • Immigration
  • Contracts and contract related disputes
  • DUI Defense
  • Criminal defense – misdemeanors

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Critics say MERS foreclosure halt shows broken business model

The article I have linked to addresses one of my big concerns regarding the foreclosure mess.  The MERS scheme created a new paradigm.  In Florida, there is no law allowing an interest in a mortgage to be severed from an interest in a note, at least none that I have found.  I have made this argument, that the contractual language in a MERS mortgage; (1) is a nullity as a matter of law, or (2) it requires that the two separate chains of title must flow to the same plaintiff, and that such a plaintiff must take both the Note through endorsement and the Mortgage through assignment, simply having one will not work to provide standing because the other must be accounted for as well.  By having this dialog in the media, my hope is that we will be able to work toward a solution to this problem.   Read this article to learn more.

Read entire article here.

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Massachusetts Supreme Judicial Court Rules on Standing to Foreclose

To follow-up from a previous post, please enjoy the Bloomberg article on standing.

“The case is U.S. Bank v. Ibanez, 10694, Supreme Judicial Court of Massachusetts (Boston). The lower-court cases are U.S. Bank National Association v. Ibanez, 08-Misc-384283, and Wells Fargo Bank NA v. LaRace, 08-Misc-386755, Commonwealth of Massachusetts, Trial Court, Land Court Department (Boston).”

Read the entire article here.

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Foreclosures May be Undone by State Ruling

Bloomberg reports that an upcoming ruling in Massachusetts will address the issue of the validity of the alleged transfers of an interest in a mortgage under new banking practices that were developed to facilitate the securitization process.  Too bad it is not a Florida case, but it will be persuasive and a case to watch.  I pulled a few quotes but the article is worth a look.

Read the entire article here.

“The record in this case reflects how mortgage lending changed in recent years and how the industry failed to ensure that its new business model conformed to state law,” Massachusetts Attorney General Martha Coakley wrote in a brief supporting the borrowers.”

“The fight between homeowners and banks before the Supreme Judicial Court in Boston turns on whether a mortgage can be transferred without naming the recipient, a common securitization practice. Also at issue is whether the right to a mortgage follows the promissory note it secures when the note is sold, as the industry argues.

A victory for the homeowners may invalidate some foreclosures and force loan originators to buy back mortgages wrongly transferred into loan pools. Such a ruling may also be cited in other state courts handling litigation related to the foreclosure crisis.”

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