The 9th Circuit Court of Appeals recently reversed and remanded a long-fought battle over licensing for those who are deemed to have been acting as debt collectors when performing activities related to non-judicial foreclosure. 

Are the current actions by those named as substitute trustees or acting as agents for the

beneficiary in our deeds of trust unconstitutional?

My support of an answer in the affirmative. 

This material looks at the UCC as the default law which it is when construing

enforcement of promissory notes utilized in home loans. 

This material touches on numerous topics, including agency, but its primary goal is

to identify the party who may assign a deed of trust, either himself  or who may empower

another, including MERS, to do so.  I also discuss my belief that a deed of trust does not

"follow a note", why not, and why a court may not find an 'equitable' assignment.  

The Office of the Comptroller of the Currency has announced it's ending the Independent Foreclosure Review, apparently on the basis it's inconclusive. The OCC left the review in the hands of the banks: how was this "independent"? It wasn't , and as such, I hope it wasn't the polity which had to pay for this show-boat exercise in futility. 

This material looks at the doctrine of merger including  the ramifications of credit bids in foreclosures and deed of trust trustees selling liens.  It also touches on WA SC's recent decision on MERS as beneficiary in Washington state deeds of trust.  

Since MERS entered the Consent Order with the U.S. Dept of the Treasury in April of  2011, its  members may no longer foreclose in MERS' name.  This material looks at how the members are dealing with this situation.