Here is something straight off of the First Judicial District Court of Pennsylvania’s website. Guess they have a problem there with fraudulent conveyance of a property, perhaps by a forged deed or something like that…
It looks like a pretty good template to go off of if you are looking into a Quiet Title Action. This information is for entertainment purposes only and should not be considered as a legal approach or advise…
Quiet Title
An action to quiet title is a lawsuit brought in a court having jurisdiction over land disputes, in order to establish a party’s title to real property against anyone and everyone, and thus “quiet” any challenges or claims to the title. It comprises a complaint that the ownership (title) of a parcel of land or other real property is defective in some fashion, typically where title to the property is ambiguous. A typical ground for complaint includes the fraudulent conveyance of a property, perhaps by a forged deed or under coercion. Unlike acquisition through a deed of sale, a quiet title action will give the party seeking such relief no cause of action against previous owners of the property.
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4closureFraud.org
Fraudulent Conveyance Quiet Title Packet
So why aren’t mortgagors filing quiet title suits, or are they? We got a 2008 Wachovia mortgage loan for our house in Hillsborough County FL, assigned to MERS 2 years ago. Wachovia is now out of business (sold to Wells Fargo, I believe), but our loan is now serviced by Chase. We’re not in foreclosure, but Chase is panting on our necks. I’d rather have Chase and MERS and the unknown trust defend their claims to the house in real court (I know a good bit of civil procedure) than to defend against foreclosure in rocket docket court. Two questions, then: 1) Can we assume there’s no note endorsed to MERS or in blank? 2) Why would we fail in a quiet title suit claiming that full title rested in us since no one had standing to foreclose?