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WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 3720
Experience:  Experienced real estate lawyer and real estate broker.
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I am a named defendant in a quiet title action and want to

Customer Question

I am a named defendant in a quiet title action and want to be sure I am not at risk. Flagstar Bank is seeking to quiet title two DOTs that were reconveyed ten and eight years ago. I found one and gave FS counsel the recordation number but i was bothered by a few of his comments such as the lender's title insurance policy did not cover the problem. He also said I did not have to respond by the deadline because FS is giving me more time and not seeking damages against me although the Complaint is asking unlimited damages against all defendants the only ones being me, the fellow whose reconveyance I found and MERS plus the usual does 1-100. I paid for a legal consulatation and the attorney said he would tender the complaint to my title insurance co. and get a formal letter from FS counsel stating they were giving me an extension of time, the kind where I don't have to respond unless they ask me to. I did find the recorded reconveyances for the other DOT at issue and will be giving that to FS counsel so the matter should be cleared up. I am just not comfortable with not filing a response on time in an unlimited damages suit. Oh, FS sold the loan six weeks before it filed suit so it must have caused a problem there and I do not want to be responsible for "tort of another" if they move for a default because I didn't respond in time. The lawyer I consulted with talked me out of filing a demur.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  WiseOwl58 replied 2 years ago.

You should go ahead and file the demur and explain to the judge in the hearing what has happened, and the judge will rule in your faovr. You should also ask that lawyer to give you your money back, or else you can file a California state bar complaint against the lawyer.