Clouded Titles-
This case appears to change the landscape on how quasi in rem quiet title actions are filed! The following blog post is based on current research and is NOT and should NOT be taken as the rendering of legal advice. Consult with an experienced quiet title attorney if you need further assistance.
CASE: Mortgage Electronic Registration Systems, Inc. v Robinson et al
CV 13-7142 PSG (ASx); January 28, 2014
LOS ANGELES — United States District Court Judge Philip S. Gutierrez (the same judge who wrote the opinion in Cervantes v. Countrywide Home Loans) has just done this country a huge favor in granting the Defendant’s motion to dismiss … using the same Rule 12(b)(6) FRCP that the banks have been using on all of those homeowners who are fighting back! It’s deja vu in reverse!
The irony of it all!
This case got its start from a warning shot fired by MERS’ counsel in a letter to attorney Al West of Redondo Beach, California, who has managed to get numerous deeds of trust expunged from the real property records up and down the State of California since the beginning of 2013 in conjunction with orders quieting title to the properties involved. When MERS counsel discovered what happened, it launched a rather terse letter to West, telling him to file a stipulated agreement to reverse his own quiet title actions and expungement orders … like that’s going to happen? The pomposity of it all, right?
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