COMPLAINT TO QUIET TITLE

XXX

Street Address

Fax Number

Email Address

 

Plaintiff

Pro se

XXX Circuit Court for Prince XXX County, XXX Case XXX, My name: XXX, Trustee and Servicing Company: SPS Servicing, Substitute Trustee Carrie award, et A

Show quoted text

 

CIRCUIT COURT FOR

PRINCE XXX CPUNTY

 

XXX,

 

Plaintiff,

 

vs.

 

XXX  Bank, Trustee and Servicing Company and SPS Servicing, Substitute Trustee Carrie Award, et A

 

Defendants

 

 )

)

)

)

)

)

)

)

)

)

 XXX Case #C-1XXX.

 

 

COMPLAINT TO QUIET TITLE

 

NOW COME the Plaintiff, Bernard Milligan, pro se, and brings this action against the Defendants,  XXX Bank, Trustee and Servicing Company and SPS Servicing, Substitute Trustee Carrie Award, et A, pursuant to Section 8-204 of the Real Property Article of the Maryland Code and for cause would show this Honorable Court as follows:

JURISDICTION

  1. The Plaintiff, XXX, is an individual living and working for gain in the State of XXXX.
  2. The Defendant, XXX, is a corporation organized and existing under the laws of the State of XXX with its principal place of business in XXX.
  3. The Defendant, SPS Servicing is a corporation organized and existing under the laws of the State of XXX with its principal place of business in Maryland.
  4. The subject matter property is located in Prince XXX County, XXX.

FACTS COMMON TO ALL CAUSES OF ACTION

  1. The Plaintiff, XXX, is the sole trustee of the subject matter property as per the Deed of Trust dated XXX.
  2. The subject matter property as per the Deed of Trust is situate in Prince XXX County, XXX.
  3. The subject matter property is designated as Lot 5, Block B, as demonstrated on a plot of subdivision entitled ‘Plat One, XXX’, as per Plat thereof recorded on XXX.
  4. According to the said Deed of Trust, the Defendants and/or Lender conveyed the subject matter property to the Plaintiff in the following words:

“For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Grantor’s performance under this Security Instrument, Grantor irrevocably grants, conveys and sells to Trustee, in trust for the benefit of Lender, with power of sale, the following described property…”

CAUSE OF ACTION

  1. Breach of Covenant of Quiet Title
  2. In Maryland, a quiet title action is a suit in which a plaintiff seeks a decree that some allegedly adverse interest in his property is actually defective, invalid or ineffective prior to and at the time suit is brought either because the lien was invalidly created, or has become invalid or has been satisfied. XXX Landscaping, Inc., 541 F.Supp. 991, 995 (D.Md. 1982).
  3. In the present case, the Defendant sand/or lender invalidly assumed lien by foreclosing the property without the consent of the Plaintiff.
  4. Further, in the case of Porter v Schaffer, 126 Md. App. 237, 260 (1999), the court held as follows:

“The purpose of an action to quiet title is to protect the owner of legal title from being disturbed in his possession …”

  1. According to Porter v. Schaffer, 126 Md.App. 237, 260 (1999) (internal quotations omitted). The burden is on the plaintiff to establish both possession and legal title by “clear proof.” Id. (citing Stewart v. May, 111 Md. 162, 173 (1909)). Possession may be actual or constructive. Wash. Mut. Bank v. Homan, 186 Md.App. 372, 405 (2009); see also Md. Code Ann., Real Prop. § 14-108(a) (permitting quiet title suits by “[a]ny person in actual peaceable possession of property, or, if the property is vacant and unoccupied, in constructive and peaceable possession of it”).
  2. The Plaintiff is in actual possession of the property in light of the Deed of Trust signed between her and the Defendant hence reserves the right to dispose of or otherwise the property.
  3. Additionally, by virtue of the deed of trust, the Defendants transferred the legal title to the trustee hence stripping the Defendants of any right to deal with the property adversely in relation to the Plaintiff’s rights to the property. Fagnani v. Fisher, 418 Md. 371, 383 (2011)
  4. Moreover, Section 8-204 of the Maryland Code on Real Property provides as follows:
  5. This section is applicable only to single or multi-family dwelling units.
  6. A landlord shall assure the tenant that the tenant, peaceably and quietly, may enter on the leased premises at the beginning of the term of any lease.
  7. If the landlord fails to provide the tenant with possession of the dwelling unit at the beginning of the term of any lease, the rent payable under the lease shall abate until possession is delivered. The tenant, on written notice to the landlord before possession is delivered, may terminate, cancel, and rescind the lease.
  8. On termination of the lease under this section, the landlord is liable to the tenant for all money or property given as prepaid rent, deposit, or security.
  9. If the landlord fails to provide the tenant with possession of the dwelling unit at the beginning of the term of any lease, whether or not the lease is terminated under this section, the landlord is liable to the tenant for consequential damages actually suffered by the tenant subsequent to the tenant’s giving notice to the landlord of the tenant’s inability to enter on the leased premises.
  10. The landlord may bring an action of eviction and damages against any tenant holding over after the end of the tenant’s term even though the landlord has entered into a lease with another tenant, and the landlord may join the new tenant as a party to the action.
  11. The Defendants breached the Plaintiff’s right of quiet title by unlawfully taking up the role of foreclosing the subject matter property without the consent of the Plaintiff.
  12. In the case of Blatter v Estate of Zimmerman, 2146 SEPT. TERM, 2015, 2017 WL 2730237, at 7 (Md Ct. Spec. App. June 26, 2017), the court held thus:

“In an action to quiet title, the record owner is a necessary party. REAL PROP. §

14-108 (b). A quiet title action seeks to secure the resolution of absolute ownership and

the right to dispose of the property. The record seems to indicate that the disputed property was originally in Respondent’s chain of title, but in 1886, was conveyed out of the chain of title. The record does not reflect the circumstances of the conveyance out of title. In this case, a personal representative of the deceased owner was a necessary party, and “[REAL PROP.] § 14–108(b) plainly required the [e]state to join the record owner.”

  1. In the current case, the Plaintiff, being the trustee of the subject matter property reserves the right to dispose of the property thus the Lender lacked good standing to do so.
  1. Breach of Contract
  2. The Plaintiff avers that the foreclosure of the subject matte property without her consent amounted to breach of the provisions of the Deed of Trust.
  3. Under Maryland law, to establish breach of contract, a plaintiff must prove that the defendant owed the plaintiff a contractual obligation and that the defendant materially breached that obligation. RRC Ne., LLC v. BAA, Inc., 413 Md. 638, 658 (2010).
  4. In this case, the Defendants owed the Plaintiff a contractual obligation to the Plaintiff to not interfere with the quite title of the subject matter property hence by foreclosing the same materially breached the contract.

 

PRAYER FOR RELIEF

REASONS WHEREFORE, PREMISES CONSIDERED, the Third-Party Counter-Plaintiff respectfully requests this Honorable Court to GRANT them the following reliefs:

  1. Declaration of breach of the Plaintiff’s quiet title;
  2. A declaration of the property rights of the Plaintiff in relation to the subject matter property;
  3. Damages for the illegal foreclosure;
  4. AWARD Plaintiff such further relief as this Court deems fair and proper.

 

Dated this _____ day of XXX

Respectfully Submitted,

 

 

 

________________________________________

XXX

Plaintiff, pro se

At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, The LegalPen will be able to prepare the legal document within the shortest time possible. You can send us your quick enquiry ( here )