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HSBC SUSPENDS FORECLOSURES NATIONWIDE - CHARLENE  PERRY/MD
3/3/2011 12:32:40 PM (4777 views)

[+] Comment on "Another County Recorder Seeks Back Fees from MERS" - Source of Title/OH (10 replies)
3/3/2011 11:06:23 AM (3415 views)

[+] Just read this a moment ago. Virginia Bill allows signing of Electronic Notaries - CHARLENE  PERRY/MD (4 replies)
3/1/2011 4:09:13 PM (6190 views)

[+] What happens when you sue the b&#%@#$s - Alix Ott/MI (10 replies)
2/28/2011 3:01:34 PM (4065 views)

[+] Say no to OUTSOURCING... - Justin/FL (13 replies)
2/28/2011 11:09:16 AM (3896 views)




[+] What 520K will buy in New York city - Leigh Attridge/MA (3 replies)
2/28/2011 6:58:31 AM (4863 views)

More on Angelo Mozilo et als - Leigh Attridge/MA
2/26/2011 12:50:23 PM (4380 views)

[+] Cheaper and cheaper - Amy Jensen/OR (16 replies)
2/25/2011 6:22:45 PM (3796 views)

[+] ACME Abstract - Florida - again - Jason Knowles/AL (4 replies)
2/25/2011 3:49:41 PM (4063 views)

[+] Alternative (One) Abstract - Edouard LeLocle/SC (2 replies)
2/24/2011 5:16:25 PM (3883 views)

[-] Comment on "Another MERS-friendly Ruling, This Time in California " - Source of Title/OH (5 replies)
2/24/2011 11:04:42 AM (3598 views)
Only in California... - Robert Franco/OH
2/24/2011 11:04:42 AM (4027 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 (3860 views)
Re: Only in California... - Slade Smith/OH
2/24/2011 3:07:44 PM (3839 views)
Re: Only in California... - Robert Franco/OH
2/24/2011 3:30:05 PM (3899 views)
Re: Only in California... - Slade Smith/OH
2/24/2011 4:46:55 PM (3836 views)

[+] RASA SOLUTION - Deborah Manion/VA (2 replies)
2/22/2011 12:34:36 PM (3889 views)

Essex Street, 1906, Salem, MA - Leigh Attridge/MA
2/19/2011 11:36:59 PM (4526 views)

[+] Comment on "Mis-indexing, Misfortune, and MERS" - Source of Title/OH (8 replies)
2/19/2011 10:32:41 PM (3909 views)

[+] Updates - Janet Angi/MI (17 replies)
2/19/2011 1:48:44 PM (3660 views)


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