Quiet Title Complaint

INTRODUCTION

1. This is an action to quiet title to real property located at [PROPERTY ADDRESS], [CITY], [STATE] [ZIP] (the "Subject Property"), and to remove clouds on Plaintiff's title created by Defendants' fraudulent claims.

2. Plaintiff brings this action based on: (a) lack of consideration for the alleged debt; (b) broken chain of title; (c) fraud in the inducement; (d) violation of the statute of frauds; (e) lack of standing; and (f) the fact that Plaintiff's promissory note constituted payment in full, not a promise to pay later.

JURISDICTION AND VENUE

3. This Court has jurisdiction over this matter pursuant to [State quiet title statute] as this is an action concerning title to real property located within this County.

4. Venue is proper in this Court as the Subject Property is located in [COUNTY] County, [STATE].

PARTIES

5. Plaintiff [YOUR NAME] is the rightful owner of the Subject Property and has been in possession since [DATE OF PURCHASE].

6. Defendant [BANK NAME] ("Bank") claims an interest in the Subject Property through an alleged mortgage/deed of trust dated [DATE].

7. Defendant [SERVICER NAME] ("Servicer") claims to service the alleged debt and threatens foreclosure without standing or authority.

8. Defendants JOHN DOE and JANE DOE, 1-100, are unknown parties who may claim some interest in the Subject Property. Plaintiff is unaware of their true names and capacities.

FACTUAL ALLEGATIONS

9. On or about [LOAN DATE], Plaintiff executed a promissory note for $[LOAN AMOUNT] with the original lender, [ORIGINAL LENDER NAME].

10. At the time of signing, Plaintiff was led to believe that the lender was loaning pre-existing money from their assets or deposits. This representation was false.

11. In reality, the Bank deposited Plaintiff's promissory note as an asset on their books and created a corresponding liability (deposit) in Plaintiff's account through bookkeeping entries.

12. No consideration was provided by the Bank. The Bank did not loan any pre-existing money from depositors, their own capital, or any other source. The transaction was an exchange of Plaintiff's valuable promissory note for bank-created credits.

13. In our current debt-based monetary system, where Federal Reserve Notes are themselves evidence of debt obligations (12 U.S.C. § 411), Plaintiff's promissory note constituted payment, not a promise to pay later.

14. The Federal Reserve's own publications, including "Modern Money Mechanics," and the Bank of England's "Money Creation in the Modern Economy," confirm that banks create money when they make loans, not lend pre-existing money.

15. The alleged mortgage/deed of trust is therefore void for lack of consideration. A contract without consideration is not enforceable.

16. Additionally, the chain of title for the alleged note and mortgage is broken. Defendants cannot produce:

• The original "wet-ink" promissory note
• A complete chain of endorsements
• Valid assignments of the mortgage/deed of trust
• Proof of standing to enforce

17. Upon information and belief, the alleged debt has been securitized and sold multiple times, with the note and mortgage being separated in violation of established law that "the note and mortgage are inseparable."

18. If the loan was securitized into a Real Estate Mortgage Investment Conduit (REMIC) trust, the trust's Pooling and Servicing Agreement (PSA) required the transfer to occur within specific time limits, which were not met.

19. Defendants have engaged in "robo-signing" and fabrication of documents, creating fraudulent assignments and endorsements after the fact to create an appearance of standing.

20. MERS (Mortgage Electronic Registration Systems), if involved, had no authority to transfer the promissory note, as MERS is merely a tracking system and never possesses the actual note.

21. Defendants' continued claims against the Subject Property constitute slander of title and prevent Plaintiff from enjoying clear title to the property.

22. Plaintiff re-alleges and incorporates paragraphs 1 through 21 as if fully set forth herein.

23. Plaintiff is the rightful owner of the Subject Property, having paid for it in full with the promissory note, which constituted payment in our debt-based monetary system.

24. Defendants' claims are invalid due to:

• Lack of consideration (no money was lent)
• Fraud in the inducement
• Broken chain of title
• Lack of standing
• Violation of the statute of frauds
• Payment already made via promissory note

25. Defendants have no valid, enforceable interest in the Subject Property.

26. Plaintiff is entitled to a decree quieting title in Plaintiff's favor and removing all clouds created by Defendants' fraudulent claims.

27. Plaintiff re-alleges and incorporates paragraphs 1 through 26 as if fully set forth herein.

28. An actual, present, and justiciable controversy exists between Plaintiff and Defendants regarding the validity of the alleged mortgage/deed of trust and Defendants' right to foreclose.

29. Plaintiff seeks a judicial declaration that:

• The alleged mortgage/deed of trust is void for lack of consideration
• Defendants have no standing to foreclose
• The promissory note constituted payment in full
• No valid debt exists
• Plaintiff owns the Subject Property free and clear

30. Plaintiff re-alleges and incorporates paragraphs 1 through 29 as if fully set forth herein.

31. Defendants have published false statements regarding their interest in the Subject Property through:

• Recording fraudulent assignments
• Filing notices of default
• Claiming rights they do not possess
• Threatening foreclosure without standing

32. These false publications were made with malice or reckless disregard for the truth.

33. As a direct result, Plaintiff has suffered damages including:

• Inability to sell or refinance the property
• Damage to credit
• Emotional distress
• Attorney's fees and costs

34. Plaintiff re-alleges and incorporates paragraphs 1 through 33 as if fully set forth herein.

35. The Bank Defendants made false representations that they were lending Plaintiff money, when in fact they were:

• Depositing Plaintiff's promissory note as an asset
• Creating bookkeeping entries
• Not risking or lending any of their own assets
• Failing to disclose the true nature of the transaction

36. These representations were material and Plaintiff relied on them to his/her detriment.

37. Had Plaintiff known the truth - that the promissory note would be the source of the funds and constitute payment - Plaintiff would not have agreed to pay interest on his/her own created value.

38. As a result of this fraud, Plaintiff has been damaged in an amount to be proven at trial.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

1. Enter a decree quieting title to the Subject Property in favor of Plaintiff;
2. Declare that Defendants have no right, title, estate, lien, or interest in the Subject Property;
3. Order the removal of any and all clouds on Plaintiff's title, including:
   • The alleged mortgage/deed of trust
   • Any assignments thereof
   • Any notices of default
   • Any lis pendens
4. Permanently enjoin Defendants from:
   • Claiming any interest in the Subject Property
   • Attempting foreclosure
   • Reporting negative credit information
   • Transferring any alleged interest
5. Declare that:
   • No valid debt exists
   • The promissory note constituted payment in full
   • The mortgage/deed of trust is void for lack of consideration
   • Defendants have no standing
6. Award Plaintiff damages for slander of title in an amount to be proven at trial;
7. Award Plaintiff compensatory and punitive damages for fraud;
8. Award Plaintiff attorney's fees and costs pursuant to [applicable statute];
9. Grant such other and further relief as the Court deems just and proper.

DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury on all issues so triable.

CERTIFICATE OF SERVICE

I hereby certify that on [DATE], I served a true and correct copy of the foregoing Complaint to Quiet Title on the following parties by the methods indicated:

[BANK NAME AND ADDRESS]
[ ] U.S. Mail [ ] Certified Mail [ ] Hand Delivery [ ] Process Server

[SERVICER NAME AND ADDRESS]
[ ] U.S. Mail [ ] Certified Mail [ ] Hand Delivery [ ] Process Server

[YOUR NAME]