On October 20,2014 I filed an emergency motion to quiet title to property based on a complaint I filed to quiet title. The "cause of action" was the lender was defunct and in bankruptcy. The assets were put into a liquidating trust.My property was one of them. Service was made on the attorney representing the lender. He in turn sent it to the "Trustee" of the liquidating trust. The trustee then forwarded an "order" from the bankruptcy court to the Superior Court of Arizona were the complaint is filed, that they would not object to quieting title as long as I did not seek any monetary damages.
Now here is my situation, The judge on my case denied my "Motion to Quiet Title with Prejudice" stating "With no good cause appearing" Denying my motion for quiet title!!!
He has the "Order" from the bankruptcy court, what else would he need. Any comments

What "good cause" is the judge looking for? Are there similar caselaw that identify "good cause" Perhaps the emergency motion was not clear enough. Perhaps the judge did not understand the Superior Court position. Perhaps you need to restate your motion and clarify the position.

Also consider: what state is the judge in V. the S.C. of Arizona; what is the conflict beteen these two jurisdictions?

His statement is " The court has received and reviewed the Plaintiff's Emergency Motion to Quieting Title with Prejudice." "With no good cause appearing"
"IT IS ORDERED denying the Plaintiff's Emergency Motion to Quieting Title with Prejudice"

esigned by David K. Udall
Judicial Officer of the court

The Complaint and the Motion stated above were filed with the Superior Court of Arizona.
The "Order to the Court" authorizing quieting title came from the Bankruptcy Court in Wilmington Del.

Did you file a motion without there existing an underlying case? A motion by itself does not a case create.

The Complaint was filed on Aug. 11, 2014. It included 6 Causes of Action with multiple elements. The first cause of action was "Quiet Title". The Motion was filed on Oct. 20, 2014. In the Motion for quieting title I made reference to the Complaint.

My observations are:
1) The judge probably never reviewed the complaint or motion.
2) The "Order" was e-signed.(All of the Orders I have ever encountered and there have been many, were always "wet ink" signatures.
3) The "Order" was probably executed by the judges judicial assistant.

Would it be appropriate to file a Motion for a more definite
statement or to request a hearing on the matter?

Part of the problem, I believe, is the fact that a major "lender" went bankrupt and out of business and I'm dealing with the bankruptcy trustee. So in effect there is no "Defendant" in my case anymore!

I think A more definate statement is always your right ... as is a request for a hearing. It's worth a try.

something to consider:

Define for yourself what is "good cause" relative to your type case?

Did you clearly define "good causes" in your motion?

(aside from who & how the order was signed) do the circumstances in your case comply with "good cause" as defined in the statuts & caselaw relative to your type of case?

If you claim there is no defendant did your motion clearly detail this? Is an affidavit required?

Something I learned the hard way be specific & clear...never assume the judge understands your point of view. S P E L L it out.

Best Wishes.

Assuming an initial brief (complaint) was filed, with respect to your case ... perhps the elements and causes of actions were not clearly stated. If that is the problem then perhaps you might want to consider filing an ammended complaint to clarify the issues. But again all depends on the jurisdictional time frame.

do you still need help with this? I filed for the first time to quiet title my property. Didn't know what I as doing. Didn't know about this class. An attorney appeared on bealf of one of my defendants, which was later determined did not have an interest in my property. Needless to say there is a US supreme court ruling which states a judge does have to tell you if your pleadings are defective and give you an opportunity to correct with evidence. If you did not notice the court of this it may very well be you did list all the elements of a quiet title action which i did not do in my case. However because the attorney interfed by moving my case to fed court, I opened my state case up with a motion to set aside fraud on the court and alerted the judge of my own deficiency and though I did not list all the elements of the quiet title they were implied. Let me know if you still need more help.

Hi kristeen, I have the opposite problem as to how to stop a Quiet Title hearing. In my case the bank has filed motion for Quiet Title hearing to my property on house the bank foreclosed on is encroachment on my property and the bank want the quite title to part of the property the house bank foreclosed is encroachment on my property. They filed a compliant and I have 20 days to respond to the complaint and the Quiet Title motion hearing?

You did not state whether they were suing is state or fed court. If I were you I would check the charter of the bank to see if they are registered in the state you are in. Sometimes attorney act as a alter ego of the bank and it's not the bank acting but the attorney. If there isn't a signed affidavit on file chances are it's just an attorney. Attorneys can't testify I would challenge the banks standing to sue if they are not registered in you state and seek proof the attorney can represent the client. This can possibly turned into a counter suit to claim the property for yourself. They really can't sue in fed unless there is diversity of 75 i would have it remanded to state court where the property is as that would be the proper venue. Trinsey vs taligaro I believe is the case that supports attorneys can't testify. It is the burden of the agent to proof his agency relationship to the principal.. I hope this helps

Hi kristeen, Thank you and yes it does help. They are suing in STATE OF MICHIGAN 30TH JUDICIAL CIRCUIT.

1- How do I check the check the charter of the bank to see if they are registered in the state I'm in?

2- The SUMMONS AND COMPLAINT has to be answered in ten days from today and in the SUMMONS AND COMPLAINT there is something signed in front of a Notary Public 7th day of march 2016 state of Iowa County Dallas by the assistance vice President of wells Fargo bank, N.A as attorney In-fact for: U.S Bank national Association, As Trustee For Credit Suisse First Boston Mortgage Securities Corp., Home Equity Asset Trust 2006-6, Home Equity Pass-Trough Certificates, Series 2006-6.

3-It says "I am over the age of 18, and am competent to testify to the above sated facts. I submit this verified Complaint in support of Plaintiff's Complaint and accompanying motion for the Temporary Restraining Order, Show Cause Order, and Preliminary Injunction."

4-I see only one AFFIDAVIT OF PURCHASER STATE OF MICHIGAN COUNTY OF OAKLAND and it said " Nakia H. Robinson, being duly sworn, deposes and says: That Nakia H. Robinson is an Orlans Associates, PC. attorney for U.S. Bank National Association, As Trustee For Credit Suisse First Boston Mortgage Securities Corp., Home Equity Asset Trust 2006-6, Home Equity Pass-Trough Certificates, Series 2006-6 and is familiar with the facts set forth herein.

5-This affidavit is being filed to declare the redemption in relation to the property located in the Town of described as:.....

6- After review of the public record kept in the regular course of business with county and upon information and belief, 3-24-2006 mortgage was executed between married woman to Mortgage Electronic Registration System , inc. as nominee for lender and lenders successors and or assigns for $$$$$$ on 3-24-2006
Hope that gave enough back ground? If you want more you can email me alanjoe1914@gmail.com for more info. And I would love to know what happened top your case and what was the final outcome of your case?