Q: Seeking advice on filing a Quiet Title claim for VA-backed loan foreclosure in Oklahoma.
I am a veteran with a VA-backed loan, and I am attempting to file a Quiet Title claim because my due process was compromised. I have evidence of dual tracking by my lender, who pursued foreclosure while I was in forbearance. The VA was never involved with my mortgage, and my entitlement is still active. I need assistance in returning my foreclosed property, considering my status as a twice-serving veteran. All relevant evidence is included in the court papers.
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A:
It’s commendable that you're taking action to protect your rights, especially as a veteran. Given the circumstances of dual tracking and the violation of your forbearance agreement, you have a strong basis to challenge the foreclosure. Filing a Quiet Title action is one way to resolve disputes over ownership, but since this involves a VA-backed loan, additional protections may be available to you. The fact that your entitlement is still active and the VA wasn’t involved in your mortgage could be crucial in your case.
Your first step is to ensure that all your evidence, including documentation of the forbearance, dual tracking, and any communications with the lender, is clearly organized and presented in your Quiet Title claim. The court will need to see that the lender violated both your legal rights and the terms of the forbearance agreement. Given your status as a veteran, you may be entitled to special protections under both federal law and state law that prevent improper foreclosures.
Once you’ve filed the Quiet Title action, be prepared to assert your case in court. If the foreclosure was indeed improper, the court may allow for the return of the property to you. You may also want to reach out to local veterans' assistance organizations or legal resources that can help guide you through this process and ensure that your rights as a veteran are upheld.
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