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[+] Cheaper and cheaper - Amy Jensen/OR (16 replies)
2/25/2011 6:22:45 PM (3732 views)

[+] ACME Abstract - Florida - again - Jason Knowles/AL (4 replies)
2/25/2011 3:49:41 PM (4033 views)

[+] Alternative (One) Abstract - Edouard LeLocle/SC (2 replies)
2/24/2011 5:16:25 PM (3843 views)

[-] Comment on "Another MERS-friendly Ruling, This Time in California " - Source of Title/OH (5 replies)
2/24/2011 11:04:42 AM (3547 views)
Only in California... - Robert Franco/OH
2/24/2011 11:04:42 AM (3879 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!

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Re: Only in California... - CHARLENE  PERRY/MD
2/24/2011 11:54:36 AM (3727 views)
Re: Only in California... - Slade Smith/OH
2/24/2011 3:07:44 PM (3688 views)
Re: Only in California... - Robert Franco/OH
2/24/2011 3:30:05 PM (3745 views)
Re: Only in California... - Slade Smith/OH
2/24/2011 4:46:55 PM (3706 views)

[+] RASA SOLUTION - Deborah Manion/VA (2 replies)
2/22/2011 12:34:36 PM (3854 views)




Essex Street, 1906, Salem, MA - Leigh Attridge/MA
2/19/2011 11:36:59 PM (4487 views)

[+] Comment on "Mis-indexing, Misfortune, and MERS" - Source of Title/OH (8 replies)
2/19/2011 10:32:41 PM (3879 views)

[+] Updates - Janet Angi/MI (17 replies)
2/19/2011 1:48:44 PM (3638 views)

Microlender Forecloses On Goat - Edouard LeLocle/SC
2/18/2011 9:09:28 PM (3625 views)

[+] Riley Plaza, ca 1900 Salem MA - Leigh Attridge/MA (1 reply)
2/18/2011 6:28:49 PM (5176 views)

[+] US Title WARNING!!! - Angela Johnson/NC (13 replies)
2/17/2011 2:07:17 PM (4422 views)

[+] MD TIITLE EXAMINERS' MANUAL - Deborah Manion/VA (5 replies)
2/17/2011 1:41:45 PM (4428 views)

[+] E&O Renewal - Michaela Urban/OH (3 replies)
2/16/2011 9:47:20 AM (3714 views)

[+] Summer Home As A Permanent Residence? - Scott Perry/PA (4 replies)
2/14/2011 8:56:31 PM (5146 views)

[+] Just a Wish... - Deborah Manion/VA (10 replies)
2/14/2011 12:42:30 PM (3569 views)


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