I am looking for everything, anything, to hammer the bank with. Like ICE, I don't want to just win, I want them to lose, and lose with bruises and cuts and broken bones...
That being said, I thought of a Quiet Title action.
I start looking into it here in NC (Scuze the abbreviation) and once again, I have another avenue to follow.
"N.C. Gen. Stat. ยง 41-10 (1996). In order to establish a prima facie case for removing a cloud on title, a plaintiff must meet two requirements:
(1) plaintiff must own the land in controversy, or have some estate or interest in it; and (2) defendant must assert some claim in the land which is adverse to plaintiff's title, estate or interest. Wells v. Clayton, 236 N.C. 102, 107, 72 S.E.2d 16, 20 (1952). By bringing a suit pursuant to this statute, a plaintiff is not demanding possession of the land but is merely stating that defendant has no right, title or interest adverse to his interest. Development Co., Inc. v. Phillips, 278 N.C. 69, 77, 178 S.E.2d 813, 818 (1971). . . . Further, once a plaintiff establishes a prima facie case for removing a cloud on title, the burden rests upon the defendant to establish that his title to the property defeats the plaintiff's claim. Id. at 78, 178 S.E.2d at 818-819."
Any information on how or where to look for info on filing a Quiet Title Action would be appreciated.
Looks like this could be FUN!
