Sandy Drew

Quiet Title Action Vs. Quiet Title: Determining Which Quiet Title Action Is Best for You


Beverly Hills, CA -- (SBWIRE) -- 05/18/2012 -- By now, several homeowners who are facing foreclosure or currently amidst the foreclosure process have heard about quiet title and quiet title action. The two can be used as offense tactics to potentially stop an alleged lender from claiming ownership to a property and invalid ownership claims by other parties. Yet even though quiet title and quiet title action have received a lot of media attention, few homeowners understand their options if they wish to pursue either foreclosure alternative.

The main misconception is that quiet title and quiet title action are one in the same. They’re not. Quiet title is an action brought to remove any and all invalid claims from the property as a whole. It addresses the property in its entirety and not just a specific title defect, which quiet title action does deal with. If there is an issue with a specific mortgage document transfer or title issue, quiet title action is a more appropriate option. If a homeowner wishes to challenge the ownership claims of other parties, such as an alleged bank, filing an action (suit) to quiet title is a better course of action to take.

By filing an action (suit) to quiet title, a homeowner is directly challenging the claims of another party to the property in question. It is more advisable to challenge an alleged lender who is trying to foreclose by filing a quiet title if the homeowner has material evidence that the chain of title has clearly been broken. This means that the current alleged lender would not be able to trace back from them to the original lender a clear and unbroken chain of title including all mortgage documents and officially recorded transfers at each step the property transferred ownership.

Today, this rarely happens. Due to online registries such as the Mortgage Electronic Registration System, Inc. (MERS), many mortgage documents and transfers never make it to the local county registrar’s office as required by state law. Well over half of the mortgages in the United States have been, at some point, in the MERS systems database, meaning that millions of mortgages have be unofficially transferred and unrecorded.

According to, a leading resource for quiet title action information, “over the past 10 years over 85% of the home mortgages have been improperly transferred, assigned or contain elements of fraud; and unless a homeowner takes a closer look at their property records, typically when they are selling the property or when they are faced with defending their home from foreclosure or filing quiet title or a quiet title action,many people have no idea that their property records are incomplete.” One Register of Deeds recently stated that “our office uncovered an abundance of falsified, forged, and fraudulently executed mortgage documents,” and that his office had found over 6,100 mortgage documents which were filed with the Register of Deeds and signed in the names of known robo-signers.

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