cause of action for quiet title

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  • 8/3/2019 Cause of Action for Quiet Title

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    LAWFUL DEMAND

    Any party with an interest in this matter, must within twenty (20) days of service

    of this Open Letter/Affidavit/Declaration, answer point-for-point, any and all

    points inferences or allegations contained within this presentment, with which they

    disagree or have issue, or show cause why they are not required to answer said by

    returning:

    I. An Affidavit of Good Faith Concerning the Terms of Execution andII. A Sworn/Certified Validation of any Contractually Binding Agreement

    Between Affiant and the Parties Mentioned herein.

    Your failure to respond, as stipulated, and rebut, with particularity, in writing,

    within (Twenty days) 20 days of receipt of this Open Letter / Affidavit /

    Declaration, by rebutting point for point everything in this Affidavit with which

    you disagree, as it is your lawful, legal and binding agreement with and by tacit

    admission to the fact that everything in this Open Letter/Affidavit Declaration is

    to be true, correct, legal, lawful and fully binding upon you in any court in

    America, without your protest or objection or that of those who represent you,

    should you fail to answer within the time prescribed. Your silence is your

    acquiescence. See: Connally v. General Construction Co., 269 U.S. 385,391.

    Notification oflegalresponsibility is the firstessential of dueprocess of

    law. See also: U.S. v. Tweel, 550 F.2d.297. Silencecan only beequated with

    fraud wherethere is a legal or moral dutyto speak or when an inquiryleft

    unanswered would be intentionally misleading.

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    CIRCUITCOURTOF THE STATE OF VIRGINIG

    COUNTYOF FREDERICK

    MARSHA MAINES

    Plaintiff,

    v.

    [DEFENDANT(S) NAMES]

    Defendants

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    CASE NO:

    _______

    COMPLAINT

    TO QUIET

    TITLE TO

    REAL

    PROPERTY

    Plaintiffcomplains and forcauses of action alleges as follows:

    FIRSTCAUSE OF ACTION

    (For________Against____)

    . Defendant__,___ is__, and at alltimesherein mentioned was__, a

    resident__oftheCity of___,County of__, State ofCalifornia.

    . Defendant__,___, is__, and at alltimesherein mentioned, was__a

    Corporation organized and existing underthelaws ofthe State ofCalifornia

    withprinciple officeslocated at___, intheCity of___,County of___.

    . Plaintiff__ is__ ignorant ofthetruenames and capacities of defendants

    sued herein as DOES Ithrough X, inclusive, and thereforesues__these

    defendants bysuch fictitiousnames. Plaintiff__will amend thiscomplaintto

    allegetheirtruenames and capacities when ascertained.

    . Plaintiff__ is__ informed and believes__and thereon alleges__that, at alltimesherein mentioned,each ofthe defendantssued herein wasthe agent and

    employee ofeach oftheremaining defendants and was at alltimes acting

    withinthepurpose and scope ofsuch agency and employment.

    . Plaintiff___ is___not and at alltimesherein mentioned the owner and/or

    entitled to possession ofthepropertylocated at____.

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    . Plaintiff___ is___informed and believe___and thereupon allege___that

    ______, and each ofthem,claim___an interest intheproperty adverseto

    plaintiffherein. However,theclaim ofsaid Defendant___is___without any

    right whatsoever, and said Defendant___have___notlegal orequitableright,

    claim, or interest insaid property.

    . Plaintiff___thereforeseek___a declarationthatthetitleto thesubject

    property is vested inplaintiff___alone and thatthe defendant___herein, and

    each ofthem, be declared to haveno estate,right,title or interest inthe

    subjectproperty and thatsaid defendant___, and each ofthem, be forever

    enjoined from asserting anyestate,right,title or interest inthesubject

    property adverseto plaintiffherein.

    WHEREFORE,plaintiff__pray__judgment against defendant__and each of

    them, as follows:

    . For an ordercompellingsaid Defendant___, and each ofthem,to transfer

    legaltitle and possession ofthesubjectpropertyto Plaintiff__herein;

    . For a declaration and determinationthat Plaintiff__ is___therightful

    holder oftitleto theproperty and that Defendant___herein, and each of

    them, be declared to haveno estate,right,title or interest insaid property;

    . For a judgment foreverenjoiningsaid defendants, and each ofthem, from

    claiming anyestate,right,title or interest inthesubjectproperty;

    . Forcosts ofsuitherein incurred;

    . Forsuch other and furtherrelief asthecourtmay deem proper

    DATED:

    _______________

    __________________________________________

    (Signature)

    VERIFICATION

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    I,___, am a ___inthe above-entitled action. Ihaveread the foregoing___and

    know thecontentsthereof. Thesame istrue of my own knowledge,except as

    to those matters which aretherein alleged on information and belief, and asto

    those matters,I believe itto betrue.

    I declare underpenalty ofperjurythatthe foregoing istrue and correct andthatthis declaration wasexecuted at Long Beach,California.

    DATED:____________________________________________________