Monthly Archives: August 2012
monday august 27th 2012 @ 4:26pm david stern residential funding…. lost my origional note!
monday august 27th 2012@ 4:54 pm agreed order
IN THE COUNTY COURT OF THE lWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY. FLORIDA – CIVIL ACTION
CYPRESS COVE AT PELICAN STRAND CONDOMINIUM ASSOCIATION, INC.•
a Florida not-for-profit corporation,
Plaintiff,
vs. Case No.07-3121-CC MARY JEAN ZISKA. JOHN DOE/UNKNOWN SPOUSE
OF MARY JEAN ZISKA, and UNKNOWN TENANT(S)/
OCCUPANT(S).
Defendants.
I
AGREED ORDER
THIS CAUSE having come before the Court upon the Plaintiff, Cypress Cove at Pelican Strand Condominium Association. Inc.’s, Unopposed Motion to cancel Foreclosure Sale, Vacate Final Summary Judgment of Foreclosure as to Defendant, Mary Jean Ziska, and to Vacate Default as to Defendant, Mary Jean Ziska, and having considered the premises, it Is hereby ordered and adjudged that
1. The Plaintiffs Motion to CancelForeclosure Sale scheduled for July 18, 2012 is hereby
granted.
2. The Plaintiffs Motion to Vacate the Final Summary Judgment as to Defendant. Mary
Jean Ziska, is hereby granted.
3. Plaintiff’s Motion to Vacate Default as to Defendant. Mary Jean Ziska, is hereby granted.
4. Defendant’s Guardian agrees to accept service and will file a responsive pleading within
thirty (30) days from the date of this Order.
CONDO & HOA LAW GROUP, PLLC
2030 McGregor Boulevard
Patrick C. Weber, Guardian
4670 Cardinal Way
:Telephone: 239-333-2992 : –
Fort Myers, FL 33901
Napes,FL 34112-6783
|
Diane lde,
Florida Bar No.989940
Esq.
T
iiiriCk c. w
Rorida Bar No. Q Cj 70>
Agreed Order
case No.:07-3121.CC
Page2
DONE AND ORDERED in Chambers at Naples,Collier County, on this day of .
The original of this
2012. document was signed
I • •
Honorable Vmcent Murph¥y Vince Murphy
County Court Judge county Judge
Copies fumJshed to:
Diane M.Slmons-Bums«1e, Esq., 2030 McGregor Blvd., A. Myers, FL 33901
Mary Jean Ziska, c/o Patrick C. Weber,Guardian,4670 Cardinal Way,Naples,FL 34112-6783
Lawrence S.Pivacek. Esq., 2262 RoyalLane,Naples,FL 34112-5323
Mary Jean Ziska, 5632 Whlsperwood Boulevard,#1601,Naples, FL 34110
monday august 27th 2012@ 4:54 pm agreed order
IN THE COUNTY COURT OF THE lWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY. FLORIDA – CIVIL ACTION
CYPRESS COVE AT PELICAN STRAND CONDOMINIUM ASSOCIATION, INC.•
a Florida not-for-profit corporation,
Plaintiff,
vs. Case No.07-3121-CC MARY JEAN ZISKA. JOHN DOE/UNKNOWN SPOUSE
OF MARY JEAN ZISKA, and UNKNOWN TENANT(S)/
OCCUPANT(S).
Defendants.
I
AGREED ORDER
THIS CAUSE having come before the Court upon the Plaintiff, Cypress Cove at Pelican Strand Condominium Association. Inc.’s, Unopposed Motion to cancel Foreclosure Sale, Vacate Final Summary Judgment of Foreclosure as to Defendant, Mary Jean Ziska, and to Vacate Default as to Defendant, Mary Jean Ziska, and having considered the premises, it Is hereby ordered and adjudged that
1. The Plaintiffs Motion to CancelForeclosure Sale scheduled for July 18, 2012 is hereby
granted.
2. The Plaintiffs Motion to Vacate the Final Summary Judgment as to Defendant. Mary
Jean Ziska, is hereby granted.
3. Plaintiff’s Motion to Vacate Default as to Defendant. Mary Jean Ziska, is hereby granted.
4. Defendant’s Guardian agrees to accept service and will file a responsive pleading within
thirty (30) days from the date of this Order.
CONDO & HOA LAW GROUP, PLLC
2030 McGregor Boulevard
Patrick C. Weber, Guardian
4670 Cardinal Way
:Telephone: 239-333-2992 : –
Fort Myers, FL 33901
Napes,FL 34112-6783
|
Diane lde,
Florida Bar No.989940
Esq.
T
iiiriCk c. w
Rorida Bar No. Q Cj 70>
Agreed Order
case No.:07-3121.CC
Page2
DONE AND ORDERED in Chambers at Naples,Collier County, on this day of .
The original of this
2012. document was signed
I • •
Honorable Vmcent Murph¥y Vince Murphy
County Court Judge county Judge
Copies fumJshed to:
Diane M.Slmons-Bums«1e, Esq., 2030 McGregor Blvd., A. Myers, FL 33901
Mary Jean Ziska, c/o Patrick C. Weber,Guardian,4670 Cardinal Way,Naples,FL 34112-6783
Lawrence S.Pivacek. Esq., 2262 RoyalLane,Naples,FL 34112-5323
Mary Jean Ziska, 5632 Whlsperwood Boulevard,#1601,Naples, FL 34110
monday august 27th 2012 @ 3:49pm letter to comcast corprate
July 20th 2012@1:51pm addressing problems with Comcast account and possible fraud and criminal involvement
mary jean Ziska 5632 Whisperwood Blvd. #1601 Naples Florida 34110 July 17, 2012
Comcast Corporate office CEO Rick Germano One Comcast Center Philadelphia Pa 19103 telephone # 215-286-1700
Dear Rick Germano ( to authorized personnel from Comcast corporate):
This letter is to complain about service and fraudulent activity by Comcast. The Comcast customer service representatives have not fulfilled my expectations of high quality and superb service I had come to expect from such a wonderful company as Comcast.
This letter is intended to address my concerns with the Comcast account and service I have been using for since March 2012. When in our area ( Naples Florida ) the television signals changed within my condo and condo association It was necessary to have the additional Comcast boxes installed for continued transmission of the television signal. This document is intended to detail instances of problems with Comcast service and fraud I believe has occurred in my dealing with Comcast
POINT: A ( free boxes for television usage)I went to the local Comcast office to pick up the “free” boxes and I was told there was a $300.00 outstanding bill that was on my account. ( I was not aware that I had an account as I had no phone service or internet service through Comcast, and the television service was provided by Comcast in an account bundled by the condo association). I was told that the Comcast service they were referring to was an existing account and was in my name and referenced my address on the account. This was the first time I had ever been to the Comcast office in Naples and the first time I had gone to get the free boxes to continue television service in my condo. I believed what the woman was telling me as I am not accustomed to customer service personal being dishonest/ untruthful or inaccurate with accounts or account information. I have since changed my mind concerning these charges and the account that I was told I already had in my name. I tried to explain to the teller that was impossible that I could have owed such a bill. I had not had any additional Comcast service and in the past I had all my bills. I told her I had not received any Comcast outstanding bill nor seen any evidence to this claim on my credit report. I also told her I had been recently correcting information on my credit report due to an identity theft which started in 2002. I explained, further that I did not have any record of any owed bills and I also did not have any bills on my credit report which was under my social security number.
POINT B: ( installation of Comcast security system)I called Comcast for installation of a security system advertised on my television and available in my area. My experience with Comcast in addressing this entire situation has been horrid. I set up three separate dates for the installation and on all three occasions I waited complete days where no one showed to do the installation. On the final try for attempting to install the xfinity Comcast home security system the gentleman who did show up was unprepared to install the system and did not have the necessary equipment to complete an installation of the security system. I was not reimbursed the 20.00 satisfaction guarantee for all three dates. In fact the final date I went to the office located in Naples to verify that an actual appointment was scheduled.. I asked for a manager to explain the problems I have had with the installation process but was told there was no manager. This final date of march 1`7th was the only date I was reimbursed for the time I wasted waiting for someone to come out and install the xfinity security system. I have documented emails and further notes for all the dates I had set up to have the xfiity security system installed. March 10th 2012 March 14th 2012 and March 17th 2012. Iwill be happy to provide you with the documentation and the notes I took when referencing these installation dates. Please let me know if you need further documentation to support the unprofessional and very upsetting way in which Comcast did not honor their commitment for installation of my xfinity security system.
POINT C: ( INNACURATE BILLING OF ACCOUNT) From march onward I was consistently charged approx. 60.00 for each month when I signed up for only the 19.99 service….. this past month of June 2012 is the only month where the billing was accurate. Each and every other month additoanly charges appeared on my bills and twice my internet was cut off until I paid what should have only been a 21.oo total bill 19.99 for internet service and 1. 00 extra for an additional free tv box. I believe I was being charged for a security system that I never even had installed! During the time I tried to have an xinity security system installed, and when I was overcharged for 300.00 for an account that did not have my original email addressed or my social security number attached, I had two roommates. I found out that one of those roommates was on probation for committing a felony and maybe linked to any of the fraud that occurred during this time frame as the con artists who originally stole my identity an created additional fraudulent accounts that did appeared on my credit report….They have not stopped their criminal behavior….. I need to have these additional charges credited to my account. I need to make sure that no other fraudulent activity occurs in my life especially with regards to my Comcast usage and Comcast account. Thank you for your kind attention to these concerns and for rectifying these situations.
Sincerely, Mary Jean Ziska &nbs
p; 5632 whisper wood Blvd. 1601 Naples Florida 34110
Here is the letter I started to submit to the Comcast Corporate office:
To whom it may concern:
This letter is to address my concerns with the Comcast account I currently have associated with my name and my address. Mary Jean Ziska 5632 Whisperwood blvd. 1601 Naples Florida 34110
When the television signals changed within my condo and condo association It was necessary to have the additional Comcast boxes installed for continued transmission of the television signals. I spoke that a Comcast rep. today who confirmed that my Comcast services for the television services are bundled in my condo association billing especially the free boxes that give the usage of regular television channels with no extra services… there should have been no extra fees for three free boxes…
I went to the local Comcast office to pick up the “free” boxes and was told that there was a $300.00 bill that was on my account ( ie my account was my name and my address ) I was told that the bill was from somewhere during 2006-2008. She asked my name, my address and the last 4 numbers of my social security number… the weird thing is that she typed in something when verifying the account information…. And when I was told the email account that was supposed to associated with the account it was not an email address I have ever used or ever created! When I went on line and tried to put in my social security number to verify my account before speaking with this teller.. nothing showed up under my social security number to verify my account. This has also happened to my car insurance account I believe there was fraud involved in both instances.
I tried to explain to the teller that was impossible ( an outstanding account balance) since I had not had any Comcast phone account during that time period. I explained to her I was a victim of identity theft, that started in 2002 ( police report: august 2011 # 11-21030) I explained that within that police report there were additional credit cards that were fraudulent, additional phone accounts that were on my report and other additional accounts documented as fraudulent. I mentioned to her that there was no Comcast account listed on my credit report from any time period. She told me I had to pay the 300.00 to get the free boxes and then she told me to write letters to Comcast corporate to get the money back….so that is what I am doing…. It doesn’t seem like a correct corporate policy and procedure but that is what she told me was necessary and since she had to power to allow me to have the free boxes… and there was no manager to question this policy or to rectify the situation… I was stuck with only this one option. As I mentioned, I never had any negative report entered from Comcast cable on my credit report. When I went into th office to receive the free cable boxes I was notified that a ( $300.00) outstanding bill existed and I was not allowed to get any cable boxes until bill was paid.
I was also incorrectly told that I would have to establish my own account for my home account with my address instead of being associated with strand community television / cable community This information didn’t ring true to me…. As on the strand website there is a mention of the person who handles all the Comcast cable situations or problems… and today I was also told that the Comcast services for television usage is bundled! So she lied about that as well.
In Addition, to the email address actually having a current date (2012) email of: mary2012 @comcast.net something I have never used in my email addresses nor would I have thought ahead from 2006 or even 2008 to use 2012…when creating my email account/address and used this email address as a past email address… this is definitely proof that the woman who was creating the account to collect 300.00 for this fraudulent account created a false email contact that she claimed was from 2006 or 2008! This problem with cable and the security of my cable line in my house or the hacking into the cable account, I believe is directly responsible for a majority of the cybercrimes I have had to endure. I am presently using a magic jack as my phone service but it is used through the internet and Comcast is my internet provider. I have contacted my local police and sheriff office to detail the problems with bullies, with problems with my internet /phone service directly connected to the internet which is supplied by Comcast. I have tried to have Comcast reps come out to install a separate line to provide me a safe and secure internet service so that I will have no corruption of my camera system that I et up to use as my security system. And to ensure that the phone line is also a secure system. I have had multiple problems getting anyone to come out and do any service work.9 ie installing an outlet separate and secure for my security system. &nb
sp; I expected a much higher level of service from your company, and I am quite disappointed. Because I do not want to spend any more time on this problem, I am writing to you and expect a response with a remedy for all the problems I have encountered with ‘comcast. With fraud involved in procuring the free boxes.. the fraud associated with setting up a security system and with the level of service I have not yet received from Comcast. Sincerely,
mary jean Ziska 5632 whisperwood blvd. #1601 naples florida 34110 telephone: 239-234-4065 email: whatabtmary@yahoo.com website addressing problems with Comcast ( www.mysearchforjustice.com) Posted by maryjeanziska at 7/20/2012 1:52 PM
monday august 27th 2012@ 3:53pm email to scott renshaw aoubt faith in god and fixing mess
From: “mary jean ziska” <whatabtmary@yahoo.com>View contact detailsTo: “scott renshaw” <lsrenshaw@yahoo.com>Cc: “mary jean ziska” <whatabtmary@yahoo.com>Scott i did trust in god… as i mentioned i still pray every day but and i still had my identity stolen, my credit ruined, my car broken on purpose, had my possessions stolen, my business ( 3 businesses ) stolen and ruined, been lied to, had people put me through hell need i remind you that i had wished i was dead instead of going through any more harm….. until i had nervous breakdown and then had me pay the bills for the hell… been isolated from people who actually loved me and even liked me… tried to get authorities to even protect me… and still no one stopped… been bullied and harassed… mercilessly until i would physically get sick.. lost 30 lbs….. I’ve been labeled..( wrongly…) … lied about. … . and am constantly trying to just clean up the mess they made.. ( trying to fix my credit… report…. still have some fraudulent items i am trying remove…. and have to somehow pay off the 5000.00 bill still on my credit…. from being backer acted when karen kahel had bullied me to the point of a nervous breakdown…. don’t you remember when i didn’t talk to anyone… or leave my home.. or had all the windows covered because some idiot told me he used to watch me in my bathing suit in my home… the bullies on the phone.. the bank account karne kahel closed.. the personal items stolen..like the pearl earrings my dad gave me…
and after 10 years…. it hasn’t stopped…. just last night i was threatened… on the phone telling me that i have no choice in what happens to my life… that if this Sunday i don’t let someone come to look at my car… or even sell it to them for what ever they want…. ( when i paid my dad 5,000 dollars for teh old Mercedes.. and my dad put in a 5000.00 dollar transmission…. but some one wants my car for what???? and that is supposed to be alright? with no time to think about it….. ) when nothing has been decided on the foreclosre at all…
when patrick weber didn’t to listen to my emails over a year ago.. didn’t get a bank as a co guardian… didn’t get an equity line of credit lined up… didn’t get the medical disability increased….( yes did you know that … instead of having a great business.. i got to go on medical disability… and food stamps… its embarrassing and humiliating… and one more part of ruining my life… but i am grateful for that because i went for years when the babysitters stole jobs not caring if i could eat or pay any bills…. (
but patrick told me i needed to keep him as my guardian… so he could help me… he didn’t help to fix my credit report… or even stop fred when he stole teh 1000.00 ihad saved after fixing the microwave… or the dryer.. or the garage door… or saved from carl or rita or even from bathing peter….
i”m starting to cry again… i just can’t believe what a mess these people have made.. and no matter how much i prayed God still hasn’t fixed anything… non one has fixed anything!
keep praying… i really need BIG miracles…NOW!!!!! luv mary jean ziska
monday august 27th 2012 @ 3:46pm digital archive of c-span video
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U.S. Department of Education: Bullying Prevention Summit (Day 2)
August 7, 2012
LIVE U.S. DEPARTMENT OF EDUCATION 8:30a Bullying Prevention Summit-Day 2 8:30a.m. – 8:50a.m. Keynote Tony West, Acting Associate Attorney General, U.S. Department of Justice (West will highlight and reinforce the Administration s commitment to preventing bullying.) Introduced by Acting Administrator Melodee Hanes, Office of Juvenile Justice and Delinquency Prevention (OJJDP), Department of Justice 8:50 a.m. – 10:00a.m. Understanding and Supporting Youth Who Bully Moderator: Dara Blachman-Demner, National Institute of Justice, U.S. Department of Justice Valerie Maholmes, National Institute of Child and Human Development Panel Participants: Dorothy Espelage, University of Illinois, Urbana-Champaign (Espelage has conducted research on bullying, homophobic teasing, sexual harassment, and dating violence for the last 18 years.) Dr. Joseph Wright, Children’s National Medical Center (Dr. Joseph Wright talks about a new study that shows the more television children watch, the more likely they are to become bullies.) Robert Faris, University of California at Davis (Faris found that the stereotype of the schoolyard bully preying on the weak doesn t reflect reality in schools. Instead, his research shows that many students are involved in social combat – a constant verbal, physical and cyber fight to the top of the school social hierarchy.) Nancy Riestenberg, Minnesota Department of Education (Riestenberg will present findings from recent research on bullying and cyber bullying; long term outcomes for bullies; and Gay, Lesbian, Bisexual, Transgender, and Questioning (LGBTQ) bullying. 10:00a.m. – 11:15a.m. Discerning the Connection Between Bullying and Suicide for Better Prevention Strategies. Moderators: Marci Hertz, Centers for Disease Control and Prevention James Wright, Substance Abuse and Mental Health Services Administration Panel Participants: Michele Ybarra, Innovative Public Health (Non-profit research center in San Cl
5 Programs
Bullying Prevention Summit, Day 2
Forum
LIVE U.S. DEPARTMENT OF EDUCATION
8:30a Bullying Prevention Summit-Day 2
8:30a.m. – 8:50a.m. Keynote
Tony West, Acting Associate Attorney General, U.S. Department of Justice .. Read More
17 views
23 minutes
Show Timeline
Bullying Prevention Summit, Understanding Bullying
Forum
8:50 a.m. – 10:00a.m. Understanding and Supporting Youth Who Bully
Moderator:
Dara Blachman-Demner, National Institute of Justice, U.S. Department of Justice
Valerie Maholmes, .. Read More
3 views
1 hour, 4 minutes
Bullying Prevention Summit, Suicide Prevention
Forum
10:00a.m. – 11:15a.m. Discerning the Connection Between Bullying and Suicide for Better Prevention Strategies. Moderators: Marci Hertz, Centers for Disease Control and Prevention James Wright, .. Read More
6 views
1 hour, 20 minutes
Bullying Prevention Summit, Day 2
Forum
LIVE U.S. DEPARTMENT OF EDUCATION
8:30a Bullying Prevention Summit-Day 2
8:30a.m. – 8:50a.m. Keynote
Tony West, Acting Associate Attorney General, U.S. Department of Justice .. Read More
Bullying Prevention Summit, Day 2, Afternoon
Forum
LIVE U.S. DEPARTMENT OF EDUCATION
8:30a Bullying Prevention Summit-Day 2
8:30a.m. – 8:50a.m. Keynote
Tony West, Acting Associate Attorney General, U.S. Department of Justice .. Read More
5 views
55 minutes
Blog|About C-SPAN Video Library|Contact Us|TOS|Privacy Statement
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monday august 27th 2012 @ 3:46pm digital archive of c-span video
A digital archive of C-SPAN video
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Log In | Sign Up Advanced SearchSubmit
CONGRESS
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U.S. Department of Education: Bullying Prevention Summit (Day 2)
August 7, 2012
LIVE U.S. DEPARTMENT OF EDUCATION 8:30a Bullying Prevention Summit-Day 2 8:30a.m. – 8:50a.m. Keynote Tony West, Acting Associate Attorney General, U.S. Department of Justice (West will highlight and reinforce the Administration s commitment to preventing bullying.) Introduced by Acting Administrator Melodee Hanes, Office of Juvenile Justice and Delinquency Prevention (OJJDP), Department of Justice 8:50 a.m. – 10:00a.m. Understanding and Supporting Youth Who Bully Moderator: Dara Blachman-Demner, National Institute of Justice, U.S. Department of Justice Valerie Maholmes, National Institute of Child and Human Development Panel Participants: Dorothy Espelage, University of Illinois, Urbana-Champaign (Espelage has conducted research on bullying, homophobic teasing, sexual harassment, and dating violence for the last 18 years.) Dr. Joseph Wright, Children’s National Medical Center (Dr. Joseph Wright talks about a new study that shows the more television children watch, the more likely they are to become bullies.) Robert Faris, University of California at Davis (Faris found that the stereotype of the schoolyard bully preying on the weak doesn t reflect reality in schools. Instead, his research shows that many students are involved in social combat – a constant verbal, physical and cyber fight to the top of the school social hierarchy.) Nancy Riestenberg, Minnesota Department of Education (Riestenberg will present findings from recent research on bullying and cyber bullying; long term outcomes for bullies; and Gay, Lesbian, Bisexual, Transgender, and Questioning (LGBTQ) bullying. 10:00a.m. – 11:15a.m. Discerning the Connection Between Bullying and Suicide for Better Prevention Strategies. Moderators: Marci Hertz, Centers for Disease Control and Prevention James Wright, Substance Abuse and Mental Health Services Administration Panel Participants: Michele Ybarra, Innovative Public Health (Non-profit research center in San Cl
5 Programs
Bullying Prevention Summit, Day 2
Forum
LIVE U.S. DEPARTMENT OF EDUCATION
8:30a Bullying Prevention Summit-Day 2
8:30a.m. – 8:50a.m. Keynote
Tony West, Acting Associate Attorney General, U.S. Department of Justice .. Read More
17 views
23 minutes
Show Timeline
Bullying Prevention Summit, Understanding Bullying
Forum
8:50 a.m. – 10:00a.m. Understanding and Supporting Youth Who Bully
Moderator:
Dara Blachman-Demner, National Institute of Justice, U.S. Department of Justice
Valerie Maholmes, .. Read More
3 views
1 hour, 4 minutes
Bullying Prevention Summit, Suicide Prevention
Forum
10:00a.m. – 11:15a.m. Discerning the Connection Between Bullying and Suicide for Better Prevention Strategies. Moderators: Marci Hertz, Centers for Disease Control and Prevention James Wright, .. Read More
6 views
1 hour, 20 minutes
Bullying Prevention Summit, Day 2
Forum
LIVE U.S. DEPARTMENT OF EDUCATION
8:30a Bullying Prevention Summit-Day 2
8:30a.m. – 8:50a.m. Keynote
Tony West, Acting Associate Attorney General, U.S. Department of Justice .. Read More
Bullying Prevention Summit, Day 2, Afternoon
Forum
LIVE U.S. DEPARTMENT OF EDUCATION
8:30a Bullying Prevention Summit-Day 2
8:30a.m. – 8:50a.m. Keynote
Tony West, Acting Associate Attorney General, U.S. Department of Justice .. Read More
5 views
55 minutes
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C-SPAN Created by Cable. Offered as a Public Service.
monday august 27th 2012 @ 3:36pm quiet title wikipedia defination
Quiet title
From Wikipedia, the free encyclopedia Jump to: navigation, search Property law Part of the common law series Types Real property · Personal property Acquisition Gift ·Adverse possession /Deed/ Conquest/ Discovery/Accession/ Lost, mislaid, and abandoned property/ Treasure trove/ Bailment/ License / Alienation/Estates in land/Allodial title / Fee simple/ Fee tail/ Life estate/ Defeasible estate / Future interest/ Concurrent estate/ Leasehold estate/ Condominiums/ Real estate/Conveyancing/Bona fide purchaser/Torrens title /Strata title/ Estoppel by deed/ Quitclaim deed/Mortgage/ Equitable conversion /Action to quiet title/ Escheat/Future use control/Restraint on alienation/ Rule against perpetuities/Rule in Shelley’s Case/ Doctrine of worthier title/Nonpossessory interest/Easement /Profit /Usufruct /Covenant/ Equitable servitude/Related topics/Fixtures/ Waste /Partition/ Practicing without a license /Riparian water rights/Prior-appropriation water rights/Lateral and subjacent support /Assignment/Nemo dat /Conflict of property laws/ Blackacre/Other common law areas/Contract law/ Tort law / Wills, trusts and estates/ Criminal law /Evidence/
An action to quiet title is a lawsuit brought in a court having jurisdiction over land disputes, in order to establish a party’s title to real property against anyone and everyone, and thus “quiet” any challenges or claims to the title.
This legal action is “brought to remove a cloud on the title” so that plaintiff and those in privity with him may forever be free of claims against the property.[1] The action to quiet title resembles other forms of “preventive adjudication,” such as the declaratory judgment.[2]
This genre of lawsuit is also sometimes called either a try title, trespass to try title, or ejectment action “to recover possession of land wrongfully occupied by a defendant.”[3] However, there are slight differences. In an ejectment action, it is typically done to remove a tenant or lessee in an eviction action, or an eviction after a foreclosure.[citation needed] Nonetheless, in some states, all terms are used synonymously.
Contents
[hide] 1 Grounds for a quiet title action or complaint
2 Limitations
3 See also
4 References
5 External links
[edit] Grounds for a quiet title action or complaint
It comprises a complaint that the ownership (title) of a parcel of land or other real property is defective in some fashion, typically where title to the property is ambiguous – for example, where it has been conveyed by a quitclaim deed through which the previous owner disclaims all interest, but does not promise that good title is conveyed. Such an action may also be brought to dispel a restraint on alienation or another party’s claim of a nonpossessory interest in land, such as an easement by prescription.
Other typical grounds for complaint include:
adverse possession where the new possessor sues to obtain title in his or her own name;
fraudulent conveyance of a property, perhaps by a forged deed or under coercion;
Torrens title registration, an action which terminates all unrecorded claims;
treaty disputes regarding the boundaries between nations;
tax taking issues, where a municipality claims title in lieu of back taxes owed (or a subsequent purchaser of land at a tax sale files action to gain insurable title);
boundary disputes between states, municipalities, or private parties;
surveying errors
competing claims by reverters, remainders, missing heirs and lien holders (often arising in basic foreclosure actions when satisfied liens are not properly discharged from title due to clerical or recording errors between the county clerk and the satisfied lien holder)
[edit] Limitations
Unlike acquisition through a deed of sale, a quiet title action will give the party seeking such relief no cause of action against previous owners of the property, unless the plaintiff in the quiet title action acquired its interest through a warranty deed and had to bring the action to settle defects that existed when the warranty deed was delivered.
Quiet title actions do not “clear title” completely. They are actions for the purpose of clearing a particular, known claim, title defect, or perceived defect. Contrast title registration which settles all title issues, both known and unknown. Quiet title actions are always subject to attack and are particularly vulnerable to jurisdictional challenges, both subject matter and personal, even years after final court decree in the action. It usually takes 3–6 months depending on the state where it is done.
A quiet title action is also subject in many geographic jurisdictions, to a Statute of Limitations. This limitations of action is often 10 or 20 years.[citation needed]
[edit] See also
Ejectment
Fee simple
Title (property)
[edit] References
1.^ Ballentine’s Law Dictionary, p. 452.
2.^ Bray, Samuel (2010). “Preventive Adjudication”. University of Chicago Law Review 77: 1275.
3.^ Answers.com
[edit] External links
Quiet Title and Tax Lien Attorneys
Quiet Title and Quiet Title Secrets
monday august 27th 2012 @ 3:41pm a digital archive of C-Span video day 2
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U.S. Department of Education: Bullying Prevention Summit (Day 2) August 7, 2012
LIVE U.S. DEPARTMENT OF EDUCATION 8:30a Bullying Prevention Summit-Day 2 8:30a.m. – 8:50a.m. Keynote Tony West, Acting Associate Attorney General, U.S. Department of Justice (West will highlight and reinforce the Administration s commitment to preventing bullying.) Introduced by Acting Administrator Melodee Hanes, Office of Juvenile Justice and Delinquency Prevention (OJJDP), Department of Justice 8:50 a.m. – 10:00a.m. Understanding and Supporting Youth Who Bully Moderator: Dara Blachman-Demner, National Institute of Justice, U.S. Department of Justice Valerie Maholmes, National Institute of Child and Human Development Panel Participants: Dorothy Espelage, University of Illinois, Urbana-Champaign (Espelage has conducted research on bullying, homophobic teasing, sexual harassment, and dating violence for the last 18 years.) Dr. Joseph Wright, Children’s National Medical Center (Dr. Joseph Wright talks about a new study that shows the more television children watch, the more likely they are to become bullies.) Robert Faris, University of California at Davis (Faris found that the stereotype of the schoolyard bully preying on the weak doesn t reflect reality in schools. Instead, his research shows that many students are involved in social combat – a constant verbal, physical and cyber fight to the top of the school social hierarchy.) Nancy Riestenberg, Minnesota Department of Education (Riestenberg will present findings from recent research on bullying and cyber bullying; long term outcomes for bullies; and Gay, Lesbian, Bisexual, Transgender, and Questioning (LGBTQ) bullying. 10:00a.m. – 11:15a.m. Discerning the Connection Between Bullying and Suicide for Better Prevention Strategies. Moderators: Marci Hertz, Centers for Disease Control and Prevention James Wright, Substance Abuse and Mental Health Services Administration Panel Participants: Michele Ybarra, Innovative Public Health (Non-profit research center in San Cl
5 Programs
Bullying Prevention Summit, Day 2
Forum
LIVE U.S. DEPARTMENT OF EDUCATION
8:30a Bullying Prevention Summit-Day 2
8:30a.m. – 8:50a.m. Keynote
Tony West, Acting Associate Attorney General, U.S. Department of Justice .. Read More
17 views
23 minutes Show Timeline
Bullying Prevention Summit, Understanding Bullying
Forum
8:50 a.m. – 10:00a.m. Understanding and Supporting Youth Who Bully
Moderator: Dara Blachman-Demner, National Institute of Justice, U.S. Department of Justice
Valerie Maholmes, .. Read More
3 views 1 hour, 4 minutes Bullying Prevention Summit, Suicide Prevention
Forum10:00a.m. – 11:15a.m. Discerning the Connection Between Bullying and Suicide for Better Prevention Strategies. Moderators: Marci Hertz, Centers for Disease Control and Prevention James Wright, .. Read More 6 views
1 hour, 20 minutes Bullying Prevention Summit, Day 2
Forum LIVE U.S. DEPARTMENT OF EDUCATION
8:30a Bullying Prevention Summit-Day 2
8:30a.m. – 8:50a.m. Keynote
Tony West, Acting Associate Attorney General, U.S. Department of Justice ..
Bullying Prevention Summit, Day 2, Afternoon
LIVE U.S. DEPARTMENT OF EDUCATION
8:30a Bullying Prevention Summit-Day 2
8:30a.m. – 8:50a.m. Keynote
Tony West, Acting Associate Attorney General, U.S. Department of Justice ..
5 views/55 minutes
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U.S. Department of Education: Bullying Prevention Summit (Day 2)
August 7, 2012
LIVE U.S. DEPARTMENT OF EDUCATION 8:30a Bullying Prevention Summit-Day 2 8:30a.m. – 8:50a.m. Keynote Tony West, Acting Associate Attorney General, U.S. Department of Justice (West will highlight and reinforce the Administration s commitment to preventing bullying.) Introduced by Acting Administrator Melodee Hanes, Office of Juvenile Justice and Delinquency Prevention (OJJDP), Department of Justice 8:50 a.m. – 10:00a.m. Understanding and Supporting Youth Who Bully Moderator: Dara Blachman-Demner, National Institute of Justice, U.S. Department of Justice Valerie Maholmes, National Institute of Child and Human Development Panel Participants: Dorothy Espelage, University of Illinois, Urbana-Champaign (Espelage has conducted research on bullying, homophobic teasing, sexual harassment, and dating violence for the last 18 years.) Dr. Joseph Wright, Children’s National Medical Center (Dr. Joseph Wright talks about a new study that shows the more television children watch, the more likely they are to become bullies.) Robert Faris, University of California at Davis (Faris found that the stereotype of the schoolyard bully preying on the weak doesn t reflect reality in schools. Instead, his research shows that many students are involved in social combat – a constant verbal, physical and cyber fight to the top of the school social hierarchy.) Nancy Riestenberg, Minnesota Department of Education (Riestenberg will present findings from recent research on bullying and cyber bullying; long term outcomes for bullies; and Gay, Lesbian, Bisexual, Transgender, and Questioning (LGBTQ) bullying. 10:00a.m. – 11:15a.m. Discerning the Connection Between Bullying and Suicide for Better Prevention Strategies. Moderators: Marci Hertz, Centers for Disease Control and Prevention James Wright, Substance Abuse and Mental Health Services Administration Panel Participants: Michele Ybarra, Innovative Public Health (Non-profit research center in San Cl
5 Programs Bullying Prevention Summit, Day 2 Forum
LIVE U.S. DEPARTMENT OF EDUCATION
8:30a Bullying Prevention Summit-Day 2
8:30a.m. – 8:50a.m. Keynote Tony West, Acting Associate Attorney General, U.S. Department of Justice .. Read More 17 views 23 minutes Show Timeline
Bullying Prevention Summit, Understanding Bullying Forum
8:50 a.m. – 10:00a.m. Understanding and Supporting Youth Who Bully
Moderator: Dara Blachman-Demner, National Institute of Justice, U.S. Department of Justice
Valerie Maholmes, .. 3 views 1 hour, 4 minutes
Bullying Prevention Summit, Suicide Prevention
Forum 10:00a.m. – 11:15a.m. Discerning the Connection Between Bullying and Suicide for Better Prevention Strategies. Moderators: Marci Hertz, Centers for Disease Control and Prevention James Wright, .. Read More 6 views 1 hour, 20 minutes
Bullying Prevention Summit, Day 2 Forum
LIVE U.S. DEPARTMENT OF EDUCATION
8:30a Bullying Prevention Summit-Day 2
8:30a.m. – 8:50a.m. Keynote Tony West, Acting Associate Attorney General, U.S. Department of Justice
Bullying Prevention Summit, Day 2, Afternoon Forum LIVE U.S. DEPARTMENT OF EDUCATION
8:30a Bullying Prevention Summit-Day 2
8:30a.m. – 8:50a.m. Keynote
Tony West, Acting Associate Attorney General, U.S. Department of Justice ..
5 views 55 minutes
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