Res Judicata is a matter already judged in court; one in which can prevent consumers form fighting wrongful foreclosures.

Beverly Hills, CA -- (SBWIRE) -- 05/19/2012 -- For individuals familiar with res judicata, as well as those who are not familiar with the legal term, it can be confusing and unclear. Here's some information to clarify it.

Res Judicata is a Latin word meaning a matter that has "already been judged" or decided. The concept of res judicata has been applied to the courts and legal system to prevent the same issue or problem from being heard more than once. Once a case is finally ruled on, and any appeals have been extinguished, the issue cannot be re-heard.

Res judicata is frequently mistaken for a similar legal term, collateral estoppel. It is important to understand the difference between the two, especially when you are involved in a legal case with multiple issues and legal evidence. Res judicata deals with claim preclusion, meaning that a person cannot bring the same cause of action but change the resulting claims for damages, etc and file another case. Collateral estoppel deals with issue preclusion, meaning a person cannot change the cause of action slightly in a succeeding suit.

As a tactical measure, Res Judicata can be used as a defensive tool or offensive weapon. In the past few years, many homeowners have faced claims of res judicata by alleged banks or lenders attempting to foreclose. Many times consumers are unaware of their options and what strategies and tactics they can use to successfully fight foreclosure and save their home, causing them to lose their home which could have been avoided had they taken the time to educate themselves on the facts and real information about res judicata.

According to Resjudicatax.com, a leading resource on reliable res judicata and foreclosure fraud information, "many times banks and alleged lenders use res judicata as a tactic to scare off homeowners into inaction." They count on the fact that homeowners will not have done their homework or fully understand what the situation is. The unfortunate thing is that the majority of the time the homeowner actually has the upper hand in a foreclosure situation. "Foreclosure fraud, missing or forged mortgage documents, securitization, a broken chain of title and many other factors all can play into a homeowner's favor if they simply take the time to educate themselves and evaluate their situation properly," echoed Resjudicatax.com.

To learn more about Res Judicata, How To Find Your Securitized Loan and Foreclosure Defense, please visit the website: http://resjudicatax.com for more information.

About ResJudicatax.com
ResJudicatax.com is an online website focused on providing consumers with relevant information pertaining to Res Judicata, Wrongful Foreclosures, Securitization, and much more. For more information about Res Judicata, or related foreclosure research topics, please click "Res Judicata" or visit our website at http://resjudicatax.com

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Beverly Hills, CA -- (SBWIRE) -- 05/18/2012 -- By now, several homeowners who are facing foreclosure or currently amidst the foreclosure process have heard about quiet title and quiet title action. The two can be used as offense tactics to potentially stop an alleged lender from claiming ownership to a property and invalid ownership claims by other parties. Yet even though quiet title and quiet title action have received a lot of media attention, few homeowners understand their options if they wish to pursue either foreclosure alternative.

The main misconception is that quiet title and quiet title action are one in the same. They're not. Quiet title is an action brought to remove any and all invalid claims from the property as a whole. It addresses the property in its entirety and not just a specific title defect, which quiet title action does deal with. If there is an issue with a specific mortgage document transfer or title issue, quiet title action is a more appropriate option. If a homeowner wishes to challenge the ownership claims of other parties, such as an alleged bank, filing an action (suit) to quiet title is a better course of action to take.

By filing an action (suit) to quiet title, a homeowner is directly challenging the claims of another party to the property in question. It is more advisable to challenge an alleged lender who is trying to foreclose by filing a quiet title if the homeowner has material evidence that the chain of title has clearly been broken. This means that the current alleged lender would not be able to trace back from them to the original lender a clear and unbroken chain of title including all mortgage documents and officially recorded transfers at each step the property transferred ownership.

Today, this rarely happens. Due to online registries such as the Mortgage Electronic Registration System, Inc. (MERS), many mortgage documents and transfers never make it to the local county registrar's office as required by state law. Well over half of the mortgages in the United States have been, at some point, in the MERS systems database, meaning that millions of mortgages have be unofficially transferred and unrecorded.

According to QuietTitleAction.net, a leading resource for quiet title action information, "over the past 10 years over 85% of the home mortgages have been improperly transferred, assigned or contain elements of fraud; and unless a homeowner takes a closer look at their property records, typically when they are selling the property or when they are faced with defending their home from foreclosure or filing quiet title or a quiet title action,many people have no idea that their property records are incomplete." One Register of Deeds recently stated that "our office uncovered an abundance of falsified, forged, and fraudulently executed mortgage documents," and that his office had found over 6,100 mortgage documents which were filed with the Register of Deeds and signed in the names of known robo-signers.

To learn more about Quiet Title Action, How To Find Your Securitized Loan and Foreclosure Defense, please visit the website: http://quiettitleaction.net for more information.

About QuietTitleAction.net
QuietTitleAction.net is an online website focused on providing consumers with relevant information pertaining to Quiet Title Action, Quiet Title, Securitization, and much more. For more information about Quiet Title Action, Quiet Title or related foreclosure research topics, please click "Quiet Title Action" or visit our website at http://quiettitleaction.net

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Lis Pendens means “suit pending” and refers to a specific suit that has been filed against a specific parcel of property.

Beverly Hills, CA -- (SBWIRE) -- 05/18/2012 -- The term "Lis Pendens" can be confusing for many homeowners. There are many news articles and sites which report that it means one of many things which is confusing and untrue. Here are some facts and information to clear up many of the misconceptions and misunderstandings surrounding Lis Pendens.

Lis Pendens means "suit pending" and refers to a specific suit that has been filed against a specific parcel of property. After a lawsuit involving a specific piece of property is filed with the local county courthouse, the plaintiff in the lawsuit can go to the local land records office and file a "Lis Pendens" on record which would serve as notice to anyone interested, that there is a lawsuit involving the property in question. The lawsuit is filed with the local courthouse first as a protection for the plaintiff, so that their interests in the property are not affected should they win in their suit and claims for the property.

The term "Lis Pendens" can also be used broadly to describe any suit pending against a property, or it can mean a specific document and formal notice of filing on a property, such as in judicial states or states that administer a judicial foreclosure which include but are not limited to: parts of California, Florida, Texas, Illinois, North Carolina, Michigan, New York and other states. According to the website LisPendensx.com, in such judicial states, "Lis Pendens serves as constructive notice to any and all parties involved or interested in the said property, that the plaintiff is legally pursuing claims to the property title or ownership interest to it."

In suits involving foreclosure, Lis Pendens serves as a formal notice to not only the homeowners but also any interested parties that a default has taken place. In this meaning, Lis Pendens is similar to a notice of default in non-judicial foreclosure state. This makes the property less attractive to any potential buyers. If the property is sold to a new buyer, the new owner is subject to the final ruling of the Lis Pendens suit.

As echoed throughout the detailed video found on LisPendensx.com, this is just one of the many reasons why it is extremely important if a person is interested in purchasing a home that they check to see if there are any competing claims to the property and/or lawsuits that are pending.

Homeowners must also be aware of their property records and any potential Lis Pendens that may have been or may be filed against their property. According to Lispendensx.com, "in many foreclosure cases, the alleged servicer or lender who files the Lis Pendens does not in fact have the right to file a suit on the homeowner's property, yet they still proceed with the filing. Some states require the Lis Pendens filer to demonstrate that they have "just cause" or a good likelihood to succeed on the merits of the suit if any dispute over the filing arises.

To learn more about Lis Pendens, How To Find Your Securitized Loan and Foreclosure Defense, please visit the website: LisPendensx.com for more information.

About LisPendensx.com
LisPendensx.com is an online website focused on providing consumers with relevant information pertaining to Lis Pendens, Quiet Title Securitization, and much more. For more information about Lis Pendens, Quiet Title or related foreclosure research topics, please visit our website at http://www.lispendensx.com

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm