scribd.com | April 29, 2015
By Bob Hurt
Bob Hurt provides this model Florida Quiet Title complaint by Kathy Ann Garcia-Lawson (KAGL) in docx format for easy cut and paste. This pleading raises points to attack a crooked mortgage and punish a spouse for filing for divorce.
Florida and California, hotbeds of mortgage foreclosure actions, differ in this central respect: Florida requiresa lawsuit to foreclose; California does not. Thus, we call Florida a "judicial foreclosure state" and California a "non-judicial foreclosure state." Both kinds of states have a central feature in common: the homeowner may sue for "Quiet Title," an action that puts to rest all disputes over who has claim to the property.
Why bother with Quiet Title? Two reasons:
- The homeowner can fare better in ATTACKing the opponent, a wealthy lender, servicer, or trust, thandefending against their attack because It allows the homeowner to drive the litigation, control its timing,and appear as the injured party to the court.
- The circumstances of the associated transaction (appraisal, mortgage, loan, trust, ownership of the note,holder in due course, service) fully justify the attack ± in nearly every circumstance, the lender andassociates have cheated the homeowner.
TO BEGIN WITH, the lender has cheated the homeowner by engaging in shenanigans that
- Cause people to relocate every 5 to 7 years, with an effort to drive them to relocate every 3 years.
- Depress the value of real estate but force the homeowner to shoulder the brunt of the associated lossesAny proper court would look at the maneuvers to create this mess as an evolutionary unconscionability of themortgage and note. Why? Because nobody in his right mind would agree to pay the current mortgage amount for the typical home.
For example. Say you bought a house for $350,000, paying $40,000 down, and you now owe $300,000, butthe house has lost so much value it now would bring only$200,000 retail and in great condition, and only $130,000in a short sale if you just had to move out. NOBODY of sound mind would pay your mortgage balance for thathouse. Only an idiot would do it and idiocy does not run in your family.
Obviously, you have an excellent moral and ethical case against the lender, particularly because they andsimilar lenders lent money to unqualified buyers who defaulted and THAT drove down real estate values. They caused the collapse of values, but they want the courts (or in the case of non-judicial foreclosure states, the trustee) to force you to pay the full mortgage amount. Logically, the investment went bad. They, the sophisticatedinvestors who caused the collapse could have foreseen the collapse (and surely did see it), but ignored it. Thus, they cheated you from the outset.
So, any honest trial judge of integrity should cram-down the mortgage balance to the current market value of the house, minus any equity you have paid. But it will take some serious litigation and political pressure to get theforeclosure judges to do this.
In the attached Florida Quiet Title complaint, modeled similarly to a Charles Lincoln California Quiet Titlecomplaint, Kathy Ann Garcia-Lawson (KAGL) stops short of demanding such an action from the judge, and yet she goes way beyond it. She wants the entire mortgage tossed out because of fraud.
What's more, she links the Quiet Title action to her husband's divorce efforts. She claims in the complaintthat the affidavit of continuous marriage they signed to get the mortgage loan binds him to stay marriage or suffer the brunt of house payments AND remain liable to any damages should foreclosure happen. If more jiltedspouses made such claims fewer divorces might occur.
Anyway, I have attached KAGL's complaint doc file should anyone want to use it as a model, and I have uploaded related docs here, including a class action lawsuit in California against aforeclosure attorney. Download them at these links. USE THEM. Spread these links around so others can usethem. See the original KAGL pleading appended below.
Consult an attorney, of course.
Read complaint on Scribd.
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