**************************************** This poses potential arguments under merger doctrine, where the trustee was merely a puppet in name

only for MERS. ***************************************** QUESTION: Does Wells Fargo have a right to fight my Motion to Void when, in fact, they did not have standing to pursue it in the first place wouldnt they instead be branded as Vexatious Litigants? {23} entitled to judgment as a matter of law. Civ.R. 56(C). Moreover, the moving party is required to "specifically delineate the basis upon which summary judgment is sought ***." Mitseff v. Wheeler(1988), 38 Ohio St.3d 112, syllabus. Once the moving party sets forth specific reasons for summary judgment, the nonmoving party bears a reciprocal burden to produce evidence on any element essential to his case for which he bears the burden of proof at trial. Celetox Corp. v. Catrett(1986), 477 U.S. 317, 322-323. *************************************** IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT ERIE COUNTY Jerry Nottke, et al. Court of Appeals No. E-04-028 Appellants Trial Court No. 2002-CV-494 v. Board of Park Commissioners, DECISION AND JUDGMENT ENTRY Erie Metroparks, et al. { 19} We note initially that an appellate court reviews a trial court's granting of summary judgment de novo, applying the same standard used by the trial court. Lorain Natl. Bank v. Saratoga Apts.(1989), 61 Ohio App.3d 127, 129; Village of Grafton v. Ohio Edison Co.(1996), 77 Ohio St.3d 102, 105. Summary judgment will be granted when there remains no genuine issue of material fact and, when construing the evidence most strongly in favor of the non-moving party, reasonable minds can only conclude that the moving party is entitled to judgment as a matter of law. Civ.R. 56(C). Initially, the party seeking summary judgment bears the burden of informing the trial court of the basis for the motion and identifying portions of the record demonstrating an absence of genuine issues of material fact as to the essential elements of the non-moving party's claims. Dresher v. Burt(1996), 75 Ohio St.3d 280, 293

{ 21} Generally, in an action to quiet title, the burden of proof "'rests with the complainant as to all issues which arise upon essential allegations of his complaint. He 8. must prove title in himself if the answer denies his title or if the defendant claims title adversely.'" Waldock v. Unknown Heirs, 6th Dist. No. E-89-53, quoting 65 American Jurisprudence 2d (1972) 207, Quieting Title, Section 78. Conversely, "'[t]he burden rests upon the defendant to establish a title which he has set up to defeat the complainant's claim of ownership.'" Id., quoting American Jurisprudence 2d (1972) 209, Section 79. In this case, therefore, the underlying issue of whether the disputed area is in appellants' chain of title is not only material, it is crucial.

The equitable doctrines argued by appellant have no bearing on one who is the rightful title owner of property. An owner continues in the enjoyment of his property unobstructed unless an adverse party asserts a claim. Stark v. Turner(1921), 23 Ohio N.P. 313. Therefore, the arguments of laches, waiver and estoppel fail.

******************************************** 1. Quiet Title

o

An action to quiet title is a lawsuit involving a piece of real property. In a quiet title action, the court is charged with establishing a party's ownership of the real property. More specifically, the court establishes that the person bringing the suit has the sole title to the real property against anyone else who may claim ownership, thereby "quieting" all other claims and challenges to the title. Parties who obtain property by a quitclaim deed--a deed giving up claim to the property by the person granting the deed--or through adverse possession, typically try to quiet the title in order to protect their interest in the real property. Adverse possession occurs when an individual acquires another's real property by holding the property out as his own for a period of time designated by statute, typically 20 years.

Rule 57
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Rule 57 of the Federal Rules of Civil Procedure authorizes federal courts to grant declaratory judgments. A declaratory judgment is a judgment in a civil case that determines the rights, duties or obligations of the parties to the action. Declaratory judgments are legally binding and a type of preventive adjudication, an action seeking a clarification of the law or someone's rights without going through a traditional trial process. An action to quiet title is a type of declaratory judgment since it declares the rights of the owner with respect to the real property in issue without going to trial; therefore it is a preventative adjudication.

State Law
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The Federal Rules of Civil Procedure only apply in federal courts, not state courts. However, most states have a rule similar to Rule 57 from the Federal Rules of Civil Procedure and can similarly make declaratory judgments to quiet title.

Read more: Federal Rules of Civil Procedure About a Quiet Title | eHow.com http://www.ehow.com/list_6076675_federal-civil-procedure-quiet-title.html#ixzz2NX7WGPiL

Ohio Code 5303.01 - Action to quiet title

Ohio Code > Title 53 > Chapter 5303 > 5303.01 - Action to quiet title

An action may be brought by a person in possession of real property, by himself or tenant, against any person who claims an interest therein adverse to him, for the purpose of determining such adverse interest. Such action may be brought also by a person out of possession, having, or claiming to have, an interest in remainder or reversion in real property, against any person who claims to have an interest therein, adverse to him, for the purpose of determining the interests of the parties therein. Whenever the state or any agency or political subdivision thereof has, or appears to have, an interest in real property adverse to the person in possession claiming the right thereto, the state or such agency or such political subdivision may be made a party in any action brought under this section. The clerk of the court shall cause to be recorded in the deed records of each county in which any part of the real property lies, a certified copy of the judgment or decree determining the interests of the parties. The usual fees of the clerk and recorder shall be taxed as part of the costs of the case. Effective Date: 03-31-1973

Ohio Code 5303.02 - Vendee may recoup

Ohio Code > Title 53 > Chapter 5303 > 5303.02 - Vendee may recoup

In actions to recover the purchase money of real estate by vendor against vendee, the vendee, notwithstanding his continued possession, may by way of counterclaim set up any breach of the covenants of title acquired by him from the plaintiff, and make any person claiming an adverse interest therein a party to the action. Upon the hearing, he may recoup against the plaintiffs demand the present worth of any existing lien or encumbrance thereon. If the adverse interest of the claimant is an estate in reversion or remainder, or contingent upon a future event, with his assent, the court of common pleas may order the vendee to surrender possession to his vendor upon the repayment of so much of the purchase money as has been paid, with interest, or direct the payment of the purchase money claimed in the action, upon the plaintiffs giving bond in double its amount with two or more sureties to be approved by the court, for the payment thereof with interest, if by reason of the defect the defendant or his privies are subsequently evicted. Effective Date: 10-01-1953

************************************************************* STRATEGIES: Look in the land record to see if parties on the mortgage are still in business, such as the lender of record and the trustee for the deed of trust. If they are not sue them, demand that they remove themselves from your deed of trust. They will not show up to court and you will obtain a default judgment and therein nullify your trust deed ********************************************************************** In a quiet title action, the general rule is that the plaintiff can succeed based only on the strength of his own claim to the property and not based on the weakness of the respondent's claim. Thus, the plaintiff has to bear the burden of proving that he/she owns the title to the property. He/she could have less than a fee simple, or less than full ownership, and maintain an action to quiet title. Yet, as long as the plaintiff's interest is valid while the respondent's interest is not, the plaintiff can successfully remove the respondent's claim from the title to the property.

Quiet Title addresses the entire property and clears any and all issues that may exist, whereas the Quiet Title Action only addresses specific title defects. .. Quit title is different from quiet title action because Quiet Title addresses the entire property and clears any and all issues whereas the Quiet Title Action only addresses specific title defects.

Ohio has strong Pro Se, Securitization, and reversal victories due to false claims to debt ownership, Res Judicata victories, as well as victories stemming from no assignment of note.

A quiet title action is much more than just a quiet title action, the complaint should have claims of any significant wrongdoing rising to the level of defense to a foreclosure lawsuit. Including predatory lending practives, unclean hands. A quiet title action alone would allege for a number of reasons the defendants do not own or were not authorized to act by the owner of the original red ink note and mortgage and ask the Court to enter a judgment to such effect including a provision ordering Defendants not to assign any of hteir alleged interests to any

other person. IN this way a Defendant who COULD have an interest in several weeks to prove its interests or lose it. A more complete quiet title action, because of the rule you cannot split a cause of action into multiple lawsuits, should include allegations, where appropriate of loan modification fraud, failure to provide the financially troubled homeowner with an option to remain in the property, through a loan modification agreement, based o the present reduced value of the property and interest rates.

O.R.C. 5303.01 Action to quiet title.

An action may be brought by a person in possession of real property, by himself or tenant, against any person who claims an interest therein adverse to him, for the purpose of determining such adverse interest. Such action may be brought also by a person out of possession, having, or claiming to have, an interest in remainder or reversion in real property, against any person who claims to have an interest therein, adverse to him, for the purpose of determining the interests of the parties therein. Whenever the state or any agency or political subdivision thereof has, or appears to have, an interest in real property adverse to the person in possession claiming the right thereto, the state or such agency or such political subdivision may be made a party in any action brought under this section. The clerk of the court shall cause to be recorded in the deed records of each county in which any part of the real property lies, a certified copy of the judgment or decree determining the interests of the parties. The usual fees of the clerk and recorder shall be taxed as part of the costs of the case. Effective Date: 03-31-1973

5303.03 Petition in action for land.

In an action for the recovery of real property, it is sufficient if the plaintiff states in his petition that he has a legal estate therein and is entitled to the possession thereof, describing it with such certainty as to identify the property, and that the defendant unlawfully keeps him out of the possession. It is not necessary to state how the plaintiffs estate or ownership is derived. Effective Date: 10-01-1953

5303.05 Petition by tenant against cotenant.

In an action by a tenant in common of real property against a cotenant, the plaintiff must state, in addition to what is required in section 5303.03 of the Revised Code, that the defendant either denied the plaintiffs right, or did some act amounting to such denial. Effective Date: 10-01-1953

5303.06 Recovery when right terminates during the action.

In an action for the recovery of real property, when the plaintiff shows a right to recover at the time the action was begun, but during its pendency his right has terminated, the verdict and judgment must be according to the fact, and the plaintiff may recover for the withholding of the property. Effective Date: 10-01-1953

5303.07 Occupying claimant law.

In an action for the recovery of real property the parties may avail themselves of the benefit of sections 5303.08 to 5303.17, inclusive, of the Revised Code. Effective Date: 10-01-1953

5303.08 Cases in which occupying claimant is paid for improvements.

A person who, without fraud or collusion on his part, obtained title to and is in the quiet possession of lands or tenements, claiming to own them, shall not be evicted or turned out of possession by any person who sets up and proves an adverse and better title, until the occupying claimant, or his heirs, is paid the value of lasting improvements made by the occupying claimant on the land, or by the person under whom he holds, before the commencement of suit on the adverse claim by which such eviction may be effected, unless the occupying claimant refuses to pay to the party establishing a better title the value of the lands without such improvements, on demand by him or his heirs, when such occupying claimant holds: (A) Under a plain and connected title, in law or equity, derived from the records of a public office; (B) By deed, devise, descent, contract, bond, or agreement, from and under a person claiming a plain and connected title, in law or equity, derived from the records of a public office, or by deed authenticated and recorded;

(C) Under sale on execution against a person claiming a plain and connected title, in law or equity, derived from the records of a public office, or by deed authenticated and recorded; (D) Under a sale for taxes authorized by the laws of this state; (E) Under a sale and conveyance made by executors, administrators, or guardians, or by any other person, in pursuance of an order or decree of court, where lands are directed to be sold. Effective Date: 10-01-1953

5303.10 Entry of claim against occupying claimant.

The court rendering judgment against the occupying claimant in any case provided for in sections 5303.08 to 5303.17, inclusive, of the Revised Code, at the request of either party, shall cause a journal entry thereof to be made, and the action shall then proceed as other civil actions. Effective Date: 10-01-1953

5303.11 Conduct of case.

For the trial of a question of fact remaining undisposed of, a jury shall be impaneled and sworn, and shall at once proceed to view the premises in question. After viewing the premises, the jury shall return to the courthouse and the trial shall proceed. After hearing the testimony produced by either party, the jury shall determine the rights of the parties under the direction of the court. From such view and the testimony, the jury shall ascertain and find in its verdict the reasonable value of permanent and valuable improvements made on the land previous to the occupying claimants receipt of actual notice of the adverse claim of the plaintiff, the damages the land has sustained by waste, including the value of timber or other valuable material removed or destroyed, and the net annual value, rents, and profits of the land accruing after the occupying claimant received notice of claim by service of summons. The jury shall find the value of the land at the time the judgment was rendered with the improvements thereon, and its value without the improvements or damages sustained by waste, including the removal or destruction of the timber or other valuable material, and return its verdict in open court. Effective Date: 10-01-1953

5303.12 Setting verdict aside.

If either party is aggrieved by an assessment or valuation made by a jury under section 5303.11 of the Revised Code, he may apply to the court during the term at which the trial was had, by a motion to set aside the verdict, assessment, and valuation, and, upon good cause shown, it may set aside such assessment, valuation, and verdict, order a new valuation and another jury to be drawn, which shall proceed as provided in such section. Either party may challenge jurors as in other civil actions. If more than three witnesses are examined by either party on the same point in the same case, the judge may tax the costs of such additional witnesses to the party calling them.

Effective Date: 10-01-1953

5303.13 Judgment and execution on verdict for plaintiff.

If, under section 5303.11 of the Revised Code, the jury reports a sum in favor of the plaintiff in ejectment on the assessment and valuation of the valuable and lasting improvements, the assessment of damages for waste, and the net annual value of the rents and profits, the court shall render a judgment therefor, without pleadings, and issue execution thereon as in other cases. In such case, or in cases in which no such excess is reported, such plaintiff is barred from having or maintaining an action for mesne profits. Effective Date: 10-01-1953

Mesne profits

http://en.wikipedia.org/wiki/Mesne_profits

From Wikipedia, the free encyclopedia Mesne (pronounced "mean") profits are sums of money paid for the occupation of land to a person with right of immediate occupation, where no permission has been given for that occupation.[1][2] The concept is feudal in origin, and common in countries which rely on the English legal system (including many former British colonies).[2] The word is derived from the root word demesne. Mesne profits commonly occur where a landlord has obtained an order from a court to evict a tenant, or where an individual sues to eject a bona fide landowner to whom title to land was improperly conveyed. The mesne profit represents the value (living rent-free, profits earned from the land, etc.) the ejected tenant received from the property between the time the court ordered the eviction and the time when the tenant actually left the property. Mesne profits must be drawn from the land itself,[2] rather than improvements on it. For example, mesne profits may accrue from growing crops on land but would not generally accrue from a factory built on the land (unless there were damage to the land or improvements to the land itself such as the removal of stone from a field).[3] A statute of limitations (usually six years) often limits the tenant-in-error's liability.[4] Calculating mesne profits is often regulated by legislatures, but may be litigated in a court of equity. Mesne profits may be calculated, even though there may be no point in doing so (as in the case where land was flooded by a dam, and the dam is not going to be removed).[5] In the United States, laws regulating mesne profits have been the subject of Supreme Court decisions, such as Green v. Biddle, 21 U.S. 1 (1823).
My thought here are that the new Buyers Mense profits were derived in whole by living in the property rent free for the period of time they did so.

5303.14 Proceedings if verdict is for occupying claimant.

If, under section 5303.11 of the Revised Code, the jury reports a sum in favor of the occupying claimant, on the assessment and valuation of the valuable and lasting improvements, deducting therefrom the damages, sustained by waste, together with the net annual value of the rents and profits which the defendant received after commencement of the action, the successful claimant, or his heirs, or, if they are minors, their guardians, may demand of the occupying claimant the value of the land without the improvements so assessed and tender a deed of it to him, or pay him the sum so allowed by the jury in his favor, within such reasonable time as the court allows. Effective Date: 10-01-1953

5303.15 Writ of possession.

If the successful claimant, his heirs, or their guardians, elect to, and do pay to the occupying claimant, the sum reported in his favor by the jury, within the time allowed therefor, then a writ of possession shall issue in favor of him, his heirs, or their guardians. Effective Date: 10-01-1953

5303.16 Election by successful claimant to receive value of land.

If the successful claimant, his heirs, or their guardians, elect to receive the value of the land without the improvements assessed under section 5303.11 of the Revised Code, to be paid by the occupying claimant, and tender a general warranty deed of the land conveying such adverse or better title, within the time allowed by the court for the payment of the money, and the occupying claimant refuses or neglects to pay it to him, his heirs, or their guardians within such time, a writ of possession shall be issued in favor of the successful claimant, his heirs, or their guardians. Effective Date: 10-01-1953

5303.17 Action by occupying claimant after election.

When an application is made for the value of improvements to land, the occupying claimant or his heirs shall not be evicted from the possession of such land except as provided in sections 5303.15 and 5303.16 of the Revised Code. When an election has been made by the successful claimant, his heirs, or their guardians, to surrender the land, if the occupying claimant or his heirs, within the time allowed, pay into court its value, without improvements, thereafter they may bring suit in the court which gave judgment of eviction, and obtain judgment for the title to the land, if it was not previously conveyed to such occupant. Effective Date: 10-01-1953