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[+] Cheaper and cheaper - Amy Jensen/OR (16 replies)
2/25/2011 6:22:45 PM (3657 views)

[+] ACME Abstract - Florida - again - Jason Knowles/AL (4 replies)
2/25/2011 3:49:41 PM (3922 views)

[+] Alternative (One) Abstract - Edouard LeLocle/SC (2 replies)
2/24/2011 5:16:25 PM (3765 views)

[-] Comment on "Another MERS-friendly Ruling, This Time in California " - Source of Title/OH (5 replies)
2/24/2011 11:04:42 AM (3447 views)
Only in California... - Robert Franco/OH
2/24/2011 11:04:42 AM (3620 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 (3506 views)
Re: Only in California... - Slade Smith/OH
2/24/2011 3:07:44 PM (3461 views)
Re: Only in California... - Robert Franco/OH
2/24/2011 3:30:05 PM (3503 views)
Re: Only in California... - Slade Smith/OH
2/24/2011 4:46:55 PM (3499 views)

[+] RASA SOLUTION - Deborah Manion/VA (2 replies)
2/22/2011 12:34:36 PM (3719 views)


Real Title Services


Essex Street, 1906, Salem, MA - Leigh Attridge/MA
2/19/2011 11:36:59 PM (4405 views)

[+] Comment on "Mis-indexing, Misfortune, and MERS" - Source of Title/OH (8 replies)
2/19/2011 10:32:41 PM (3777 views)

[+] Updates - Janet Angi/MI (17 replies)
2/19/2011 1:48:44 PM (3550 views)

Microlender Forecloses On Goat - Edouard LeLocle/SC
2/18/2011 9:09:28 PM (3528 views)

[+] Riley Plaza, ca 1900 Salem MA - Leigh Attridge/MA (1 reply)
2/18/2011 6:28:49 PM (5055 views)

[+] US Title WARNING!!! - Angela Johnson/NC (13 replies)
2/17/2011 2:07:17 PM (4324 views)

[+] MD TIITLE EXAMINERS' MANUAL - Deborah Manion/VA (5 replies)
2/17/2011 1:41:45 PM (4286 views)

[+] E&O Renewal - Michaela Urban/OH (3 replies)
2/16/2011 9:47:20 AM (3598 views)

[+] Summer Home As A Permanent Residence? - Scott Perry/PA (4 replies)
2/14/2011 8:56:31 PM (5045 views)

[+] Just a Wish... - Deborah Manion/VA (10 replies)
2/14/2011 12:42:30 PM (3481 views)


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