Quiet Tile is Possible

“Furthermore, if the homeowner has filed for bankruptcy protection and the foreclosure was conducted illegally after the bankruptcy, the homeowner could also have claims for a violation of the bankruptcy discharge.

It is difficult (though not impossible) for a homeowner to sue for Quiet Title without the use of a licensed Attorney who is familiar with the local laws where the property is located. A title search needs to be conducted on the property (often going back up to 40 years) in order to determine everyone with adverse claims to the ownership of the property. The actual “summons” or lawsuit naming all persons with an interest in the property will also be published in the local newspaper, in order to “serve” all parties with notice of the lawsuit. The lender with actual ownership rights to the property may or may not respond to the lawsuit.

If the homeowner is successful in this approach, the mortgage could be “wiped out” and potentially still be liable for the dollar amount of the “note”, which would no longer be secured by the property and could be discharged in bankruptcy as an unsecured debt.”

Read the rest: http://trabee1973.hubpages.com/hub/Quiet-TitleThe-Smoking-Gun-of-Foreclosure-Defense