Tag Archives: Quiet

Attorney Walter Keane Explains Unfavorable Ruling of Quiet Title Split the Note Theory by Controlling Jurisdiction

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Salt Lake City, UT (PRWEB) August 01, 2011

From his Salt Lake City office, Real Estate Attorney Walter Keane provides insight on the recent ruling by the Utah court of appeals which rejected the “split-the-note” argument.

On July 14, 2011, the Utah court of appeals issued Commonwealth Property Advocates, LLC vs. Mortgage Electronic Registration System, Inc. (MERS), 2011 UT App 232 (July 14, 2011). Keane says he found out about the ruling on July 15th during a court hearing in which Keane was arguing a quiet title cause of action based on “split-the-note.”

Keane, who recently taught a seminar for Utah Attorneys regarding his successful Foreclosure Defense strategies, explained that the “split the note” argument asserts that because MERS holds the trust deed (and the promissory note is held by an unknown third party due to securitization), the trust deed has been “split from the note.” This concept was first articulated in Carpenter v. Longan, 83 U.S. 271 (1872). Keane has based several of his cases upon this argument, and has been successful in using it to nullify trust deeds in Utah.

The Commonwealth opinion specifically addresses the “split the note” argument and fully rejected it. Following the rationale of the Utah United States district courts, the Commonwealth Court reasoned in Utah Code

e-Logic Group CEO Anthony Martinez Conducts Approach Periods To Talk about Seminars On Superior Securitization Audits, Forensic Audits, Quiet Title, Mortgage loan Fraud

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Miami, FL (PRWEB) July thirteen, 2012

As real estate scammers proceed to hold bogus seminars making use of scorching sector capture phrases like Peaceful Title and Mortgage Fraud, a higher require has offered alone for actual, crucial and essential info on these quite true matters. “I may possibly consider I know every thing there is to know about superior securitization, peaceful title and house loan fraud alternatives or arguments but that may not coincide with what lawyers and buyers actually need to have,” says Anthony Martinez, e-Logic Group’s Chief Government Officer whose business now offers Innovative Securitization Audits, Forensic Audits and Litigation Approach Investigation and is really nicely acknowledged in the authorized community as one of the most reputable go to methods. “Attendees of seminars are your clientele and like all relationships it’s essential to talk about your consumers wants, comprehend them and come up with a strategy that works for them. That is why I’ve made the decision to carry out method classes with attorneys and traders on the subjects of my Discovery Tactic’s Seminars just before I really start offering them.”

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Discovery Tactic Seminars are designed to be cutting edge. They provide attendees factual and critical actual life operating details which is not principle dependent on someone’s inexperienced interpretation. Discovery Techniques is a Weblog authored by Mr. Martinez, a Discovery Skilled, Consultant and Strategist. His consulting firm Anthony Martinez &amp Associates/AMA World-wide Group (“AMA”) is the most sophisticated Lawful Method Outsourcing (“LPO”) firm (and almost certainly the only LPO Provider Provider) that specializes in real house defense and offensive litigation that provides true again-finish business office assistance providers to lawyers. AMA does advanced authorized investigation, drafts superior pleadings and trains lawyers in specific litigation strategies and strategies relative to true home litigation.

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“I’ve noticed these quiet title seminars and the info they offer very first hand. Their tranquil title strategy is based mostly on the hope of a default. So what takes place when the opposition fights back again, statements your action is frivolous and moves for attorney charges?