Real Title Services
Register
Log In
Forget your Password?

Home
Directory
Bulletins
Forums
Blogs
Articles
Links
Classifieds
About Us
Contact Us
Advertise
FAQ
Privacy Policy


Discussion
<< get older messagesget newer messages >>
to post a message: login - or - register | search messages | show all replies



[+] ACME Abstract - Florida - again - Jason Knowles/AL (4 replies)
2/25/2011 3:49:41 PM (4112 views)

[+] Alternative (One) Abstract - Edouard LeLocle/SC (2 replies)
2/24/2011 5:16:25 PM (3905 views)

[-] Comment on "Another MERS-friendly Ruling, This Time in California " - Source of Title/OH (5 replies)
2/24/2011 11:04:42 AM (3616 views)
Only in California... - Robert Franco/OH
2/24/2011 11:04:42 AM (4141 views)

The opinion states:

Section 2924, subdivision (a)(1) states that a "trustee, mortgagee, or beneficiary, or any of their authorized agents" may initiate the foreclosure process.  However, nowhere does the statute provide for a judicial action to determine whether the person initiating the foreclosure process is indeed authorized, and we see no ground for implying such an action."

So, what remedy does a homeowner have in California to prevent one who is not "really" authorized under this statute from foreclosing?  If the entity who initiates the foreclosure is not a "trustee, mortgagee, or beneficiary, or any of their authorized agents," they are not entitled to avail themselves of this non-judicial foreclosure remedy, but the court seems to be saying "they will not allow a civil action to object to its purported authority. 

I'll admit that I don't know much about California law, or non-judicial foreclosures in general, but this seems wrong to me.  Whether judicial or non-judicial, it seems to me that the homeowner should have the right to know who the beneficial interest holder is and that they are directing the actions of the foreclosing agent.  Otherwise, how can the homeowner protect themselves from wrongful foreclosures?

Only in California!

to post a reply: login - or - register


Re: Only in California... - CHARLENE  PERRY/MD
2/24/2011 11:54:36 AM (3940 views)
Re: Only in California... - Slade Smith/OH
2/24/2011 3:07:44 PM (3949 views)
Re: Only in California... - Robert Franco/OH
2/24/2011 3:30:05 PM (4001 views)
Re: Only in California... - Slade Smith/OH
2/24/2011 4:46:55 PM (3912 views)

[+] RASA SOLUTION - Deborah Manion/VA (2 replies)
2/22/2011 12:34:36 PM (3918 views)

Essex Street, 1906, Salem, MA - Leigh Attridge/MA
2/19/2011 11:36:59 PM (4567 views)




[+] Comment on "Mis-indexing, Misfortune, and MERS" - Source of Title/OH (8 replies)
2/19/2011 10:32:41 PM (3944 views)

[+] Updates - Janet Angi/MI (17 replies)
2/19/2011 1:48:44 PM (3690 views)

Microlender Forecloses On Goat - Edouard LeLocle/SC
2/18/2011 9:09:28 PM (3744 views)

[+] Riley Plaza, ca 1900 Salem MA - Leigh Attridge/MA (1 reply)
2/18/2011 6:28:49 PM (5287 views)

[+] US Title WARNING!!! - Angela Johnson/NC (13 replies)
2/17/2011 2:07:17 PM (4475 views)

[+] MD TIITLE EXAMINERS' MANUAL - Deborah Manion/VA (5 replies)
2/17/2011 1:41:45 PM (4507 views)

[+] E&O Renewal - Michaela Urban/OH (3 replies)
2/16/2011 9:47:20 AM (3794 views)

[+] Summer Home As A Permanent Residence? - Scott Perry/PA (4 replies)
2/14/2011 8:56:31 PM (5256 views)

[+] Just a Wish... - Deborah Manion/VA (10 replies)
2/14/2011 12:42:30 PM (3637 views)

[+] Maryland Judgment Copies - Deborah Manion/VA (4 replies)
2/11/2011 11:17:49 AM (3894 views)


<< get older messagesget newer messages >>

DISCLAIMER: These Message Forums are un-moderated and Source of Title does not endorse the content of any of the posts. Source of Title discourages libelous comments and you, as the sole creator of the content, take full responsibility for your remarks.
Directory

The Source of Title Business directory has 8975 listed companies.

Leave feedback on a company:
SOT ID #:  learn more...
DRN Title Search
Blogs

Read other users' blogs-- or start your own!

Most Recent Blog Posts:

Practical Obscurity, Revisited
Blurbs from the Bossman
2026/08/06
0 comments

Beneath Every Closing Lies a Story
Michael Stelzer's Blog
2026/07/18
0 comments

Residential Appraisers: Reclaim Your Time
Will Duncan 's Blog
2026/07/09
0 comments

Articles

Source of Title articles help to keep you informed on the state of the title industry.

Source of Title Founder Running for Probate Judge
Mansfield attorney Robert A. Franco has announced his candidacy for Judge of the Richland County, Ohio, Probate Court.Fr...
Mortgage Delinquencies Decrease Slightly in the Second Quarter of 2026
“Mortgage delinquencies decreased slightly across all loan types in the second quarter of 2026. Nonetheless, the b...
Mortgage Applications Increase in Latest MBA Weekly Survey
“After five consecutive weeks of increases, mortgage rates declined slightly last week as oil prices dipped briefl...
NAR Meets with White House, DOL, and HHS Officials to Advance Health Coverage Options for Real Estate Professionals
“We support a rule that allows real estate professionals and other self-employed individuals to participate in hig...
NAR Existing-Home Sales Report Shows 1.7% Decrease in July
“Home sales have been remarkably stable, even amid the rising mortgage rate environment of the past few months,...

Search Articles:
browse...

Classifieds

Buy, sell, or trade! Browse the ads or post your own!

© 2020, Source of Title.