Category Archives: 2. Quiet Title Lawsuits

Get rid of your mortgage.

The Top 5 New York Foreclosure Defenses

The defense of lack of standing to foreclose is unique because the homeowner’s attorney does not have to prove the defense. If the homeowner’s attorney properly raises the defense of lack of standing in the Answer to the foreclosure complaint (or in a motion to dismiss) the bank has the burden to prove standing to foreclose as part of its foreclosure claim. If a bank loses a foreclosure case because the judge determines that it lacks standing to foreclose, the judge’s findings cannot be successfully challenged in a future foreclosure action. These permanent findings may make it impossible for any business entity to prove standing no matter how many foreclosure actions are brought. In that event, the time to foreclose will eventually expire and the homeowner can sue for quiet title to discharge the mortgage.
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Quiet Title Actions Based Upon Expiration of Time to Foreclose

Six years after a mortgage is accelerated, the time to file a mortgage foreclosure action expires (with occasional exceptions). If the bank has not won a judgment of foreclosure and no mortgage foreclosure action is currently pending, the homeowner may file a quiet title action to discharge (remove) the mortgage lien from the property. When a homeowner wins quiet title, the property can be sold without paying the mortgage debt. The homeowner keeps the sales proceeds instead of the bank. Debt Inversion accomplished.
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Important Exceptions to the Statute of Limitations Defense in a New York Foreclosure Case

Unless the homeowner’s attorney includes an “affirmative defense” in the Answer to the Foreclosure Complaint stating that the action is barred by the applicable statute of limitations, the statute of limitations defense is lost and the bank can foreclose upon the property even though it started the foreclosure action too late.
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Deutsche Bank National Trust Company attempts foreclosure using a forged promissory note.

Whenever possible, we have our client present when we inspect the alleged original promissory note because the client is the only person in the conference room who saw the original note when it was signed and initialed at the bottom of each page. Clients can easily tell if their own signatures and initials have been forged and they can spot differences between the original document they signed and the document being presented.
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Also posted in 1. Foreclosure Defense, 3. Debt Collection Defense, Attorney Blog, Debt Collection Fraud, Debt Inversion, Foreclosure Fraud, Frequently Asked Questions, MERS | Leave a comment