Realtor Short Sales Training and Resources
If this is not the correct place to post this then I apologize in advance and would appreciate your guidance.
I had a listing prospect over a year ago and we have kept in contact and the homeowner has been going through the Foreclosure process and mid-year in 2011 was counter suing the XYC Lender (saying that he started a Foreclosure action against XYZ Mortgage Corporation.
..(HERE IS THE INFO HE SENT ME) ...I have two solid instruments upon the property that are superior to the Trustee's Deed. I have executed those instruments with this communication order enforcing title rights.
(He wanted to know in our expertise as Realtors) if we had ever seen anything like this. He went on to say that
...this order is posted under the glass at the 2nd District Courthouse in (CITY TAKEN OUT FOR PRIVACY. I have also served it on Freddie mac.
Here is the jest of his action:
HOMEOWNER does hereby come before XYZ Mortgage Corporation with this communication DEMANDING the Release of Trustee’s Deed; under the authority of Utah Judicial Code Law 78B-6-1303, showing HOMEOWNER lawful ownership; pursuant to the attached lis pendens, filed, with the Office of the XYZ County Recorder on 27, May 2011 and ORDERS you, to return control and possession ,of his property located at XYZ Anywhere St. XYZ CITY, Utah ZIP, more particularly as follows:
All that parcel of land situated in the city of XYZ County of XYZ, State of Utah being known and designated as all of lot XYZ SUBDIVISION, according to the official plat thereof, recorded in the office of the county recorder of XYZ County, State of Utah.
HOMWOWNER XYZ officially notifies you of your wrongful lien, that shows a violation of Utah Title 57-1-21(4), within it’s text showing negligence, under the Law Doctrine of Res Ipsa Loquitur. The Deed is an unlawfully recorded and is groundless under Utah Title 38-9-1 (3) A person is liable to the record owner of real property for $10,000 or for treble actual damages, whichever is greater, and for reasonable attorney fees and costs, who records or causes to be recorded a wrongful lien as defined in Section 38-9-1 in the office of the county recorder against the real property, knowing or having reason to know that the document:
(a) is a wrongful lien;
(b) is groundless; or
(c) contains a material misstatement or false claim.
Pursuant to Utah Title 38-9-1(1),and 38-9-1(2), you have ten days to release your groundless instrument that is upon my property. Also,with the Prima Facie evidence of a violation of Utah Title 57-1-21(4), within the instrument, you are subject to an action under Res Ipsa Loquitur, citing Emotional Distress Damages and that continued possession of my property shows, willful continued negligence. Furthermore; your corporation will be referred to the Utah Attorney Generals Office for criminal prosecution, concerning this matter.
Since I am not a lawyer or practice law, I can't begin to decipher this or begin to comprehend his intent. Have any of you SS experts had prospective clients reach out to you with this type of scenario? I suggested that he contact a real estate attorney for advice since this was not my area of expertise. Otherwise I am truly baffled by this.

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