Last September BOA filed a foreclosure complaint against us. We subsequently filed a motion to dismiss without requesting a hearing. The case has remained status quo until last month when we received a notice from BOA that they had filed a claim on the FHA insurance and sold the mortgage to another company (Random Property Acquisitions). We recently received a statement from their servicing company detailing past due amount(s), service charges, etc...
I've been told to expect this new company to file for substitution of plaintiff eventually.
In the meantime, I have been weighing the pros and cons of sending a QWR to this new company or even filing for a Quiet Title.
Any input/experience is appreciated!
If you were sitting in a restaurant with an unpaid tab and no money or credit cards waiting for your steak order to arrive after three beers, would it be better to go over and punch the bouncer in the nose or to wait for the steak to arrive, have three more beers and then try to slip out of the restaurant unnoticed?
You must be completely out of your mind and seem to have been seduced by some debt elimination scam artists.
Quiet Title is ALWAYS a debt elimination scam. In a judicial foreclosure state, when you a enjoying the continued use of your property the very last thing any sane person wants to do is to draw attention to themselves by ANY communication with the lender. You are not going to succeed in your judicial foreclosure suit by filing QWRs.
When the suit is being actively pursued, you need to be running discovery under the court rules. If the servicer has forgotten about the suit, you can remind them that they ought to hurry up and prosecute the suit to successful completion or you can let sleeping dogs lie and get a few months more use out of the property.
If you are really sharp, you can be using that extra time to study more robust defensive avenues. That you have even uttered the words "Quiet Title" seems to show that you are completely clueless about foreclosure defense, because those words are nowhere in the vocabulary of any successful judicial foreclosure defendant.
Oh, by the way, the court rules in EVERY STATE require you to make any such claim WITHIN the context of the suit already pending. Wake up and smell the coffee. Almost anything the scam artists told you about foreclosure defense is wrong. There is a lot to learn at this site that might help and if you start right away you might still save your house!