Winning back my property

ntellect · #1 12-28-2005, 10:11 AM

I'm trying to get back in the game ladies and gentleman. After losing my home and several court cases last year using the UCC redemption techniques, I lost all confidence and just kind of caved in.

Although, I was foreclosed on and evicted from my home in April 2005, the house has still not been sold.

I believe it's due to the many docs that I have filed on the house, cases I filed, etc. One of those docs being my UCC1 with the legal description of the property. Also, I believe the IRS has a lien still filed against the property. So to make a long story short, I believe anyone looking to buy this property, probably sees all these docs that are recorded and just doesn't want to mess with it.

Is there any info out there on how to win back a property?

idknow · #2 12-28-2005, 10:37 AM

Quote:

Originally Posted by ntellect

I'm trying to get back in the game ladies and gentleman. After losing my home and several court cases last year using the UCC redemption techniques, I lost all confidence and just kind of caved in.

Well, since you've "poisoned the well," why not finish the process towards the goal of recovering your proptery?

PANICPASS · #3 12-28-2005, 10:43 AM

I'm surprised the bank did not buy the property back. Your UCC-1 is not an obstacle and neither are your court filings.

A lot of documents were filed on behalf of the Dorean clients and banks still bought the property back in the foreclosure sale. UCC-1's were filed with the Secretary of State on the equity of the property, not title. Maybe the banks will file quite title actions later, but nothing seems to get in their their way of claiming ownership again during a sale, so I don't know what the deal is with your bank.

ntellect · #4 12-28-2005, 10:51 AM

Quote:

Originally Posted by idknow

Well, since you've "poisoned the well," why not finish the process towards the goal of recovering your proptery?

That's the problem. I'm really not sure where to pick back up. When I said the house was not sold, I meant, no other individual has bought the house. I believe the bank bought back the house but isn't that fraud?

ntellect · #5 12-28-2005, 10:53 AM

Quote:

Originally Posted by PANICPASS

I'm surprised the bank did not buy the property back. Your UCC-1 is not an obstacle and neither are your court filings.

A lot of documents were filed on behalf of the Dorean clients and banks still bought the property back in the foreclosure sale. UCC-1's were filed with the Secretary of State on the equity of the property, not title. Maybe the banks will file quite title actions later, but nothing seems to get in their their way of claiming ownership again during a sale, so I don't know what the deal is with your bank.

So does Quite Title work on property? I have heard that "supposedly" Quite Title works on vehicles.

PANICPASS · #6 12-28-2005, 11:28 AM

The bank can buy back the property because you gave the bank permission to take the property back when you defaulted on your loan (read your Deed of Trust or Mortgage Deed). Only a court can decide who owns property. Quite titles work but I would not attempt any court action unless I THOROUGHLY knew what I was doing. You don't even know if Quite Titles work! Of course they work-- there wouldn't be quite title actions if they didn't!

idknow · #7 12-28-2005, 01:29 PM

Quote:

Originally Posted by ntellect

That's the problem. I'm really not sure where to pick back up. When I said the house was not sold, I meant, no other individual has bought the house. I believe the bank bought back the house but isn't that fraud?

well, then check the govt records as if you were gonna buy it, and "insert" into that record what is missing, flawed or fake.

i'm not sure how to ask this q but i'm thinking that since you already filed papers before the bank acted, perhaps you can show better title to the property?

gldskr · #8 12-28-2005, 03:28 PM

ntellect

Until the house is sold in a bona fide forclosure sale the title to the property is still up for grabs. The bank didn't buy back the property because it was the collateral for the note. They have merely gained a possessary interest in addition to the security interest. They are acting as trustees.

Start from scratch but take a different approach. Jersee's VOD method has merit that should also work with a mortgage. Trying to pay a debt denominated in their funny money with that denominated in your funny money obviously won't work for them. The funny money itself must be attacked. Whatever they do not or cannot rebut is admitted.

It is assumed that you bought your home subject to a mortgage. What was mortgaged was only the improvements and appurtanances, you own the land free and clear. Land cannot be bought, sold or traded; it can only be given (granted) away. So unless you have granted away your rights to the land somewhere within your deed(s) you still have an interest in the property.

While the land is the free part of the deal, monetarily (FRN) speaking, it still has value and is the foundation to all that follows. Offer to renegotiate a financing plan or tell them to come and get their house.

gldskr

idknow · #9 12-28-2005, 03:33 PM

Quote:

Originally Posted by gldskr

ntellect

[cut]

While the land is the free part of the deal, monetarily (FRN) speaking, it still has value and is the foundation to all that follows. Offer to renegotiate a financing plan or tell them to come and get their house.

gldskr

-- G, since when is land free - plsplspls expand on this?

idknow · #10 12-28-2005, 03:34 PM

Quote:

Originally Posted by gldskr

ntellect

[cut]

While the land is the free part of the deal, monetarily (FRN) speaking, it still has value and is the foundation to all that follows. Offer to renegotiate a financing plan or tell them to come and get their house.

gldskr

-- G, since when is land free - plsplspls expand on this?
obtusely, i'm a new yorker, we dont know from free!