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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)

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