What Time Does The Georgia-Florida Football Game Start Quiet Title – Not A Silver Bullet

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Quiet Title – Not A Silver Bullet

The latest financial elixir to grace the American scene is the silent title concept. Many consumers are under the impression that a silent title action will get them a free house. Nothing is further from the truth. Why should I know? Because I wrote a workshop for continuing legal education credits for lawyers.

The workshop is approved in Florida, Georgia, North Carolina, Wisconsin and Nevada. I have held workshops around the country on this topic and have had the opportunity to speak with homeowners facing foreclosure, real estate investors, mortgage professionals, and attorneys. After understanding what the concept actually is, everyone came to a better understanding.

A quiet title is designed to minimize litigation. Plain and simple. When you file this type of claim, you are filing a claim against anyone who has a registered interest in your property. When you compare a foreclosure defense to a quiet right, the difference is night and day. Today’s legal system encourages homeowners to seek an attorney to represent them in a foreclosure case. But, this is also a big BUT. A lawyer, if he does not have experience in securitization, assignments, robo-signers, notary fraud and many other aspects of what really happened, will be lost in court.

Okay, now you’re comfortable because your son-in-law found you a good lawyer who understands. Here is the scenario that happened across the country. A well-intentioned lawyer represents you in court, but what does he actually do? He is trying to prolong the foreclosure process. Paying a lawyer on a monthly basis instead of the bank creates a cheap rent for you. But you MUST continue to fund your attorney’s efforts. At the end of the day when the lights go out, the lawyer comes to you and says “we won”. You won what? You were fired without prejudice. This means that opposing counsel simply tells the judge, “see you next month, because we’ll be back.”

Now you get the picture. Defense against foreclosure is based solely on your financial ability to pay attorney and court fees.

Now, let’s see what the plot of the silent title is all about. In this type of procedure, you simply become the plaintiff and not the defendant. This is a big move. You are the defendant in the defense lawsuit for forced freedom. But let’s flip the script. Let’s put the football on the opponent’s two-yard line and you’re going to put it in the end zone. All you need is a lawyer who understands this application of the law.

A lawsuit is filed against anyone who has a registered interest. How do you know that? A title search has been performed and will reveal who has a recorded interest or lien. I know of an example here in SW Florida where an attorney and realtor paid the bank $153,000 cash for a house at a foreclosure sale and the bank did NOT own the HOUSE. Knowing who has a recorded interest is the real purpose of a quiet title shop. Once you serve notice on the party(ies) who have a recorded interest, this is where the ice gets thick.

They MUST PROVE in court that they have an interest in your property. This has nothing to do with how much is owed. A civil action is brought under the law of contract, not the law of tort. Therefore, the amount owed is NEVER discussed or disputed. The argument is who has an interest that is provable. IF you told the judge: “Your Honor, I have a certified check to pay off the loan”. “Can you tell the opposing counsel to give me back my original note when I pay off this debt?” That will never happen because the note was used as a financing mechanism when your credit was sold on Wall St. I can go on and on about this topic, but I wanted to touch on the logic of this topic.

Once a complaint is served, defendants MUST respond within twenty days or in some jurisdictions thirty days. Yes, some homeowners have won a settlement and received their property for free. BUT, it’s rare. A good silent title will weed out the real interested parties, giving you the opportunity to sit across the aisle and negotiate with the right lender. This saves thousands of dollars in court costs when dealing with pretend lenders, service companies, and others who have no “skin in the game” or as the legal arena refers to “no status.”

Sincerely, Regis Sauger Author/Speaker

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