Monday, April 20, 2015

Legal Definitions - Q


Quash – To annul or set aside an action. A Motion to Quash is a motion by a defendant asking the court to declare the service of the Summons and Complaint invalid, requiring the plaintiff to find him and serve him again. The intent of this motion is to delay the eviction while the defendant gets another chance to have a lot of fun evading service. When defendants don't have lawyers, they go to court and swear under penalty of perjury that they weren't served. Then I serve them in court in front of the judge hahahahahahahaha neener neener neener.

Quiet title – A lawsuit requesting the court to make a determination that the plaintiff is the owner of the real property. These are frequently filed after foreclosure sales, alleging the lender did not follow proper procedures, so the sale should be rescinded and the property returned to the borrower/prior owner. In CA, if a third-party bona fide purchaser bought the property at the foreclosure sale [instead of the property going back to the lender], approximately one-hundred percent of the time the prior owner might be entitled to collect money damages from his lender, but he cannot be restored to title. Some quiet title cases demand return of the title to the plaintiff because “the original note was obtained fraudulently.” This means the plaintiff wants the house back but he claims he isn't responsible for paying for it. Approximately one-hundred percent of judges in CA will make valiant efforts to refrain from laughing while throwing the case out.

Quitclaim deed – A deed for real property which grants “only that interest which the grantor owns.” This type of deed is commonly used in the divorce context, when one party “gets the house.” One person signs his interest, whatever that may be, to the other person.  I could sign a Quitclaim Deed granting my ownership interest in the Brooklyn Bridge to a third party. Since technically I am not stating I own any of it, I am just granting what I own which is nothing, my signature is theoretically not fraudulent unless I took your money when I gave you the deed. Quitclaim deeds are sometimes used in the foreclosure context where the borrower grants a partial interest in the property to someone who is in bankruptcy. Then the lender can't foreclose without permission of the bankruptcy court. Approximately one-hundred percent of the time, the bankruptcy court will give permission because the bankrupt person is not on the note and generally has no idea that he owns part of the property.

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