Thursday, December 1, 2011

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  The homeowner successfully opposed the motion and the motion was withdrawn.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.

19 comments:

  1. BEAUTIFUL !.....Hope it spreads everywhere and the people who used to see a deadbeat getting a free house, now see it for what it really is.....

    ReplyDelete
  2. What does this mean to the homeowner and their note? The debt is unsecured. Are they still paying the servicer? What next?

    ReplyDelete
  3. Why was the signed order redacted? Is there any way to see any of the court documents?

    ReplyDelete
  4. The signed order was redacted based on privilege because the client chose not to disclose their identity.

    ReplyDelete
    Replies
    1. Were you the acting attorney in this case or do you know who was? I am attempting the same cloud the title then quiet the title (or at least thought I was with another attorney in Sterling VA but he went into an indefinite surgery)

      Delete
    2. I lost property 3.5 years. Attorney I hired did nothing to the case, he is currently disbarred. I would like a redacted copy of Quiet Title complaint. I cannot afford an attorney so i have to go pro-se. Please send to my email:
      abundance@embarqmail.com

      Delete
  5. That is great!!....my husband and I tried to fight for our house a few years ago and was unsuccessful...it was hard enough trying to get Virginia to listen or take into evidence anything that proves the house was fraudulantly taken by the servicer

    ReplyDelete
  6. Would very much like to see the actual filings, as an example.

    ReplyDelete
  7. Splendid. Homeowners in PA & NJ are filing Quiet Title suits challenging the authority of MERS Certifying Officers. MERS never created Assistant Secretaries or Vice Presidents in compliance with Delaware law where they are incorporated. The documents, upon which such signatures appear are invalid, and need to be stricken from our land records.

    In my case, the servicer is simply objecting to everything we have filed. After months, they’ve failed to answer Discovery while MERS ignored a Subpoena. They simply don’t want to have to address their fraudulent documents.

    It boggles my mind to consider how many millions of invalid and fraudulent Assignments of Mortgage & Satisfactions of Mortgage have been filed in our land records, as well as how many millions of fraudulent Affidavits were presented in foreclosure cases.

    We don’t have a foreclosure crisis is this country; we have a mortgage/Title crisis.

    ReplyDelete
  8. Now he needs to record this order at the Deeds of Records Office ~ Then transfer the title/deed into a living trust or another friend/family members name ~~~ Most states allow a 3 window for the defendant[s] to contest their judgments ~~ We do it this was and none of our clients have ever had a problem with a "cloudy title" ever again.......Jim Bethea

    ReplyDelete
  9. How can I obtain a redacted copy of the complaint? frodshamr@gmail.com

    ReplyDelete
  10. How did your client counter and defeat the allegations of interest in the not/DOT by the pretender lender and/or their sub trustee? What role did the loan audit play in this?
    And would this tactic be useful and effective against a non-MERS case - say one bank is bought out by another but without assignment of the DOT and note?

    Great news! Keep up the fight!

    ReplyDelete
  11. This is the type of news that I have predicted over the last couple of years. That is the reason I wrote the Quiet Title Course and travel around the country teaching it. I might be the only layman that we are aware of, (maybe others) certified by various state bar associations to teach this to attorneys.

    Looks like the "rats" are running out of cheese and now starting to chew on each other. Regis Sauger Author/Speaker

    ReplyDelete
  12. anyone with bank of america as your"lender" shuld do that bank of america is one big fraud and own nothing

    ReplyDelete
  13. I have BOA as my servicer and I am challenging their real interest in my property. I have also discovered a lot wrong with the way they are operating and am filing a QT as well. I think VA is a tough state to challenge the banks but if you go into court with ample amount of proof and not just allegations it should be easy. If there is anyone one out there who also has BOA as their servicer and willing to work together to call them out on there illegal actions don't hesitate, take action now.

    ReplyDelete
    Replies
    1. defintely. you can email me at nyloanmodifications@gmail.com you might want to send a qwr and ask who owns your loan pursuant to 1641(f)2

      Delete
    2. I have BofA as my servicer. Please contact me at: nagpra@msn.com

      Delete
  14. Nice article. I think it is useful and unique article. I love this kind of article and this kind of blog. I have enjoyed it very much. Thanks for your website.
    Utah tax attorney

    ReplyDelete