Quiet Title schemes to eliminate mortgages took a hit Tuesday when the Florida Attorney General filed an Injunction and Declaratory Judgment action against one of the Florida perpetrators, seeking to seize their assets and return to the defrauded homeowners the thousands of dollars obtained by false and deceptive claims regarding quiet title actions and reduction or elimination of mortgages through their "powerhouse" of attorneys.
The claims made by the state specifically address the Quiet Title method of elimination of mortgage debt - at least the way this firm was saying they were getting it done.
The Florida Attorney General today shut down a firm that was mentioned in our blog last week. The concept of a land trust interfering with the title or prosecution of the foreclosure action has been long questioned - but desperate homeowners paid thousands of dollars to this and other firms to have the mortgage eliminated through some secret legal maneuvering.
The case was brought in Broward County and involved the seizure of records and monies of the firm.
A press release from the Attorney General is found at their site along with the Complaint that has all the allegations.
One of the ways the lender was being "served" in these cases is by naming the original lender - not the current lender, thereby almost ensuring that a "clerk's default" would be obtained against the "lender". The Complaint by the Attorney General does not implicate the attorneys in the scheme - although the injunction and declaratory judgment action would not be appropriate for action against the attorneys involved, which more appropriately would be referred to the Florida Bar Association for investigation of wrong doing.
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Some excerpts from the Complaint are set forth below.