Posts Tagged mortgage

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

, , , , , , , , , , , , , , , , , ,

Leave a Comment

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.

, , , ,

Leave a Comment

2011 is going to be the peak for foreclosures?

2011 to Hit Foreclosure Record – Three Need-to-Knows for Foreclosure Buyers

Well, I guess it wouldn’t be the new year without some predictions.  So I found this article to share with you.  If this author is correct, 2011 will see a record number of homes in foreclosure.

Read the article here.

, , , , , ,

Leave a Comment

Judges Berate Bank Lawyers in Foreclosures

One question I often ask myself is how, given all of the rules regulating our courts, our judges, and attorneys, that all of the well-publicized issues in foreclosure cases have gone on for so long.  The New York Times published an article on the issue and features a well-known Florida firm.

“The judge, Scott Fairgrieve of Nassau County District Court, wrote that “swearing to false statements reflects poorly on the profession as a whole.””

Read the entire article here.

, , , , , ,

Leave a Comment