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sale should be rescinded and the property returned to the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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