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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Re: Lien Posted by Rod Ciferri on July 31, 2011 at 4:51 PM In Reply to: Re: Lien posted by Robert on July 31, 2011 at 2:04 PM : How would you have any standing with a court to challenge a lien? Are you acting as the attorney for the original lien holder ? : All you have is the quit claim ! No, I would not be acting for the original lien holder. The idea is to move into the house (assuming it's vacant) and then await the unlawful/forcible detainer action. The question is not whether I have standing (since I would be defending), rather does the plaintiff have standing to evict me. I would have actual possession and a quitclaim from the former owner. The plaintiff has a trustee's deed that is necessarily based on the non-judicial foreclosure. If the non-judicial foreclosure suffers from such defects that it is void, meaning it never became a lien in the first place, then my title would be paramount. The former owner owned the property free and clear, but didn't know it. I get assigned all real property interest and causes of action - then I become the new owner free and clear. Follow Ups: Re: Lien Robert 5:45 PM, 07/31/11 (5) Re: Lien Rod Ciferri 6:21 PM, 07/31/11 (4) Re: Lien BIG 6:35 PM, 07/31/11 (3) Re: Lien Rod Ciferri 6:49 PM, 07/31/11 (2) Re: Lien Robert 11:42 AM, 08/01/11 (1) Re: Lien Rod Ciferri 8:36 PM, 08/01/11 (0) Post a Followup: Name : E-Mail : Subject : Comments: : : How would you have any standing with a court to challenge a lien? Are you acting as the attorney for the original lien holder ? : : All you have is the quit claim ! : No, I would not be acting for the original lien holder. : The idea is to move into the house (assuming it's vacant) and then await the unlawful/forcible detainer action. The question is not whether I have standing (since I would be defending), rather does the plaintiff have standing to evict me. I would have actual possession and a quitclaim from the former owner. The plaintiff has a trustee's deed that is necessarily based on the non-judicial foreclosure. If the non-judicial foreclosure suffers from such defects that it is void, meaning it never became a lien in the first place, then my title would be paramount. The former owner owned the property free and clear, but didn't know it. I get assigned all real property interest and causes of action - then I become the new owner free and clear. [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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