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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