Quiet title

[slanderson]

I would like to know opinion of my chances of success in filing a quiet title action against my lenders? Case is this...Lender A gives me a loan and is listed on DOT as well, with MERS as bene. I have a title report showing my first mortgage as Lehman with MERS as bene. When I go to the MERS website the investor is showing as US Bank as Trustee. There have been no assignments from Lehman to MERS or MERS to US Bank. Now it gets interesting...I signed a loan mod agreement with ALS, (who is also on the MERS website as my servicer) but on the mod agreement it shows ALS as my lender? I have read that a seperation of the note and DOT make it a legal nulity. I have not found an attorney willing to challenge this since there is no appelate case in CA where someone has gotten quiet title over this. However, isnt this law? Once there has been a seperation the secured position is null? I know they may still collect based on the terms of the note, but dont they have to give me a full reconveyance?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[FlyingRon]

MERS means little. You need to show that whoever recorded the security interest (deed of trust or whatever) didn't do so in a valid fashion. If the try to take an action (like foreclosure) you can challenge that they whether they are a rightful assignee of the original documents.

What are you trying to accomplish?