When should I invite you to my Quiet Title party?

The issue 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. 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.

A new perspective is Slander of Title Complaints

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 requirements of law.

A Declaratory Judgment specific to the parties of a Slander of Title action would allow the court to declare by statute. i.e.: “The defendant is not a party to title of real property being disputed” A complaint such as this would set the Status quo for who the players would or would not be named 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

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