Free & Clear, Standing & Quiet Title - Carl E. Person

Free & Clear, Standing & Quiet Title

By Carl E. Person

  • Release Date: 2015-03-27
  • Genre: Law


The author, a foreclosure defense attorney and graduate of Harvard Law School, explains 11 ways in which a homeowner possibly can win his mortgaged property free and clear of the bank's asserted mortgage lien. This result is not possible or practicable in most situations, but it is important for homeowners and attorneys to understand when they are looking at a free and clear potential.
To understand how free and clear is sometimes obtainable, the author explains how to defend a foreclosure action in the 22 judicial-foreclosure states, and how to defend against a threatened foreclosure sale in the 28 non-judicial foreclosure states.
Foreclosure defense of both types involves the important issue of standing to file and pursue a foreclosure as well as the standing to notice and proceed with a non-judicial foreclosure sale.
The author explains how a Quiet Title Action by the homeowner is the way to defend against a threatened foreclosure in non-judicial states, and that in judicial-foreclosure states the bank, loan servicer or investor in the note has to sue. In spite of this dramatic difference, the issues are pretty much the same.
The author explains the remedies available to the mortgagor after the mortgaged property has been sold.
One of the main barriers to getting or accepting competent legal services is a misunderstanding of various popular foreclosure issues, and the author describes these issues and explains why they are not very helpful and can deter the homeowner from focusing on the issues having far more likelihood of success.
The e-book will help homeowners and their owners analyze what needs to be done, and certain pitfalls to avoid.