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What parties to notify in Quiet title action law suit in district court --NYS home ?

Bankruptcy and Debt 3 views 2 answers
Do I need to include lien holders as defendants & notify them regarding Quiet Title Action motion ? Federal district court case with diversity jurisdiction & significant federal questions involved for federal forum( bank had no occ license, IRS remic trust does not exist, fraudulent transfers, depositor never acquired note & mortgage, broken chain of assignments, written perjury & oral perjury by bank in same federal court).Of course I need to include every one in the chain & their attorneys, & servicers as defendants.

Attorney Answers

2
Richard J. ChertockReal Estate AttorneyMelville, NY ·
You should include all lien holders. You need to include any lien hold whose interest might be affected by the quiet title action.
0 upvotes
Richard Brickwedde ·
When in doubt, name them and have them served. It is better to serve someone who is not relevant than to not serve someone who is relevant. Keep in mind, however, that the purpose of quieting title is not to settle any scores, accuse people of misconduct, etc. The purpose is to clear title to the property. Your lawyer should be able to work through this with you.
0 upvotes

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