HELEN E. COONEY MUELLER
`Attorney at Law
`11 Susan Avenue
`Wayne, New Jersey 07470
`(973) 633-8021, FAX – (973) 633-8021
`helenelmueller@yahoo.com
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` July 13, 2022
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`Hon. Ernest M. Caposela, A.J.S.C.
`Superior Court of New Jersey Chancery Division, General Equity
`77 Hamilton Street, Paterson, New Jersey 07505
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`Re: Wells Fargo Bank. N.A., as trustee for Park Place Securities Inc., Asset-Backed Pass-
`Through Certificates Series 2004-WHQ2 v. Ralph Schiano and Eleanor Schiano v. Wells Fargo
`Bank, N.A. as trustee, et al. DN: C-79-19
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`Dear Judge Caposela:
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` Please accept this Supplemental letter in additional objection to Plaintiff/PHH (Plaintiff)
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`proposed Order. Procedurally, the trial proceeded with Plaintiff first presenting its witnesses.
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`Plaintiff, however, did not have a claim. The only claim Plaintiff had was to reinstate the
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`discharged lien, which was already decided via Summary Judgment by Judge Chiocca in April
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`2021. The claim to be tried was Schianos’ claim of Quiet Title. Thus, the Schianos were
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`prepared to proceed first in presentation of evidence and witnesses. This did not occur, and
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`Schianos were not permitted to present any evidence/witnesses. In a Quiet Title action – the
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`party bringing the claim has the initial burden. That being said, the Schianos are mindful that the
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`Court is attempting to assist the Schianos. Further, it was established via Plaintiff evidence that
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`the Schianos have never been in default and that assignment to alleged trustee/trust is only done
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`in foreclosure/default cases. Thus, the question for the Court in within Quiet Title action is
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`whether an assignment that is invalid, as there is no default/foreclosure, remain in recorded chain
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`of title? Quiet Title actions are brought to clear wrongful title possession. In this case, leaving
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`wrongful assignment to trustee/trust subjects Schianos not only to immediate foreclosure action
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`1
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` PAS-C-000079-19 07/13/2022 08:11:00 AM Pg 1 of 2 Trans ID: CHC2022160830
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`in event one loan payment is not recorded as paid, but also continues as derogatory on record to
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`all potential lenders. A Court Order stating no default by Schianos may assist in getting past
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`derogatory connotations to potential lender. However, is that Court Order sufficient to clear title
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`that the Quiet Title action was intended? Thus, the question of first impression for the Court
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`and/or certified question for appeal is as follows:
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` Does an action for Quiet Title include restoring the claimants to status that does not
` include an assignment to alleged trustee/trust demonstrating wrongful
` default/foreclosure status, and subjecting claimants to immediate foreclosure upon loan
` servicer failure to accept loan payments? Are Quiet Title claimants entitled to
` presentation of evidence that establishes clear mortgage title without assignments
` reflecting foreclosure/default status?
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`The above referenced matter was not a Plaintiff foreclosure case. It was a
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`Counterclaimant/third party plaintiff claim for Quiet Title, and the above is a case of first
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`impression for the Courts.
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`Thank you for Your Honor’s continued attention to this matter.
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`Respectfully submitted,
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`/s/ Helen E. Cooney Mueller, Esq.
`Helen E. Cooney Mueller, Esq.
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`cc: Brian Pantaleo, Esq., Paige Nestel, Esq.,
` Clark Cornwell, Esq.
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` PAS-C-000079-19 07/13/2022 08:11:00 AM Pg 2 of 2 Trans ID: CHC2022160830
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