Quiet title is a lawsuit not a motion. It must be worded correctly to fulfill the elements required for the court to consider the demand for quiet title. Otherwise it will be dismissed.
For quiet title to apply the mortgage must be void not just unenforceable. TILA Rescission is a statutory remedy that is different from common law rescission. Sending of TILA rescission notice by U.S. Mail means that delivery is presumed. If delivery occurred or is presumed the TILA Rescission is effective. Just the opposite in common law rescission based upon fraud. At common law, sending a notice of rescission based upon fraud is only the first step in a long litigation process.
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