BRYLLAW LITIGATION: First Quiet-Title Order in Virginia Voiding Deed of Trust (by default)
On November 21, 2011, a Northern Virginia Circuit Court entered an order granting plaintiff homeowner a default judgment in a quiet title action, voiding the deed of trust.
Earlier this year, frustrated by the fact that she could not get to the real party in interest to modify a loan, the homeowner went on the offensive and filed a court action to quiet title to her property and seeking nullification of the deed of trust supposedly encumbering the property with a first mortgage. Subsequently, a bank servicer (posing as an owner) moved to intervene into the case on the grounds that it’s ownership rights in the debt and the property would supposedly be at stake. The homeowner successfully opposed the motion and the motion was withdrawn.
Because none of the remaining defendants responded, the homeowner moved for judgment by default, seeking nullification of the deed of trust. The judgment was granted and the court entered an order voiding the deed of trust. This appears to be the first ruling of this kind in Virginia. Similar rulings have been obtained in Missouri, Arkansas, Utah, Texas, and Florida.
A redacted signed order can be accessed here…