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



[-] Comment on "Another MERS-friendly Ruling, This Time in California " - Source of Title/OH (5 replies)
2/24/2011 11:04:42 AM (3521 views)
Only in California... - Robert Franco/OH
2/24/2011 11:04:42 AM (3810 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 (3664 views)
Re: Only in California... - Slade Smith/OH
2/24/2011 3:07:44 PM (3627 views)
Re: Only in California... - Robert Franco/OH
2/24/2011 3:30:05 PM (3676 views)
Re: Only in California... - Slade Smith/OH
2/24/2011 4:46:55 PM (3640 views)

[+] RASA SOLUTION - Deborah Manion/VA (2 replies)
2/22/2011 12:34:36 PM (3824 views)

Essex Street, 1906, Salem, MA - Leigh Attridge/MA
2/19/2011 11:36:59 PM (4461 views)

[+] Comment on "Mis-indexing, Misfortune, and MERS" - Source of Title/OH (8 replies)
2/19/2011 10:32:41 PM (3852 views)

[+] Updates - Janet Angi/MI (17 replies)
2/19/2011 1:48:44 PM (3615 views)




Microlender Forecloses On Goat - Edouard LeLocle/SC
2/18/2011 9:09:28 PM (3603 views)

[+] Riley Plaza, ca 1900 Salem MA - Leigh Attridge/MA (1 reply)
2/18/2011 6:28:49 PM (5153 views)

[+] US Title WARNING!!! - Angela Johnson/NC (13 replies)
2/17/2011 2:07:17 PM (4398 views)

[+] MD TIITLE EXAMINERS' MANUAL - Deborah Manion/VA (5 replies)
2/17/2011 1:41:45 PM (4374 views)

[+] E&O Renewal - Michaela Urban/OH (3 replies)
2/16/2011 9:47:20 AM (3694 views)

[+] Summer Home As A Permanent Residence? - Scott Perry/PA (4 replies)
2/14/2011 8:56:31 PM (5129 views)

[+] Just a Wish... - Deborah Manion/VA (10 replies)
2/14/2011 12:42:30 PM (3558 views)

[+] Maryland Judgment Copies - Deborah Manion/VA (4 replies)
2/11/2011 11:17:49 AM (3815 views)

[+] Procedure question - Leigh Attridge/MA (5 replies)
2/10/2011 7:48:24 PM (3781 views)

[+] When is this mess going to end? - Angie  McKinnon/UT (3 replies)
2/10/2011 7:17:34 PM (5938 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 8961 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:

The Source of Title - Part I: Freedom Written, Freedom Insured
Ben DuBay's Blog
2026/02/15
0 comments

Shared Driveway Agreements
Marissa Berends's Blog
2025/12/10
0 comments

Explain It Like I’m 5: FIRPTA Edition
Marissa Berends's Blog
2025/12/03
0 comments

Articles

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

NAR Pending Home Sales Report Shows 0.8% Decrease in January
“Improving affordability conditions have yet to induce more buying activity,” said NAR Chief Economist Dr. L...
Ruling Protects North Carolina Homebuyers from Predatory Contracts
The Superior Court of North Carolina, Wake County, granted summary judgment in favor of the North Carolina Department of...
Overall Housing Starts Inch Lower in 2025
“Single-family home building dipped in 2025 because of ongoing affordability challenges, fueled by high housing pr...
NAHB Expects Remodeling Growth in 2026 and Beyond
“There are many factors contributing to the continued growth of the remodeling market, including the aging housing...
Mortgage Applications Increase in Latest MBA Weekly Survey
“Mortgage applications rose last week as the lowest rates in four weeks helped to revive some refinance activity. ...

Search Articles:
browse...

Classifieds

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

© 2020, Source of Title.