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



[+] 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 (6177 views)

[+] What happens when you sue the b&#%@#$s - Alix Ott/MI (10 replies)
2/28/2011 3:01:34 PM (4057 views)

[+] Say no to OUTSOURCING... - Justin/FL (13 replies)
2/28/2011 11:09:16 AM (3888 views)

[+] What 520K will buy in New York city - Leigh Attridge/MA (3 replies)
2/28/2011 6:58:31 AM (4855 views)

More on Angelo Mozilo et als - Leigh Attridge/MA
2/26/2011 12:50:23 PM (4372 views)




[+] Cheaper and cheaper - Amy Jensen/OR (16 replies)
2/25/2011 6:22:45 PM (3787 views)

[+] ACME Abstract - Florida - again - Jason Knowles/AL (4 replies)
2/25/2011 3:49:41 PM (4061 views)

[+] Alternative (One) Abstract - Edouard LeLocle/SC (2 replies)
2/24/2011 5:16:25 PM (3881 views)

[-] Comment on "Another MERS-friendly Ruling, This Time in California " - Source of Title/OH (5 replies)
2/24/2011 11:04:42 AM (3597 views)
Only in California... - Robert Franco/OH
2/24/2011 11:04:42 AM (3995 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 (3833 views)
Re: Only in California... - Slade Smith/OH
2/24/2011 3:07:44 PM (3805 views)
Re: Only in California... - Robert Franco/OH
2/24/2011 3:30:05 PM (3872 views)
Re: Only in California... - Slade Smith/OH
2/24/2011 4:46:55 PM (3804 views)

[+] RASA SOLUTION - Deborah Manion/VA (2 replies)
2/22/2011 12:34:36 PM (3888 views)

Essex Street, 1906, Salem, MA - Leigh Attridge/MA
2/19/2011 11:36:59 PM (4518 views)

[+] Comment on "Mis-indexing, Misfortune, and MERS" - Source of Title/OH (8 replies)
2/19/2011 10:32:41 PM (3908 views)

[+] Updates - Janet Angi/MI (17 replies)
2/19/2011 1:48:44 PM (3657 views)

Microlender Forecloses On Goat - Edouard LeLocle/SC
2/18/2011 9:09:28 PM (3692 views)

[+] Riley Plaza, ca 1900 Salem MA - Leigh Attridge/MA (1 reply)
2/18/2011 6:28:49 PM (5211 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 8973 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:

What Is Title Insurance & Benefits
Michael Stelzer's Blog
2026/03/14
0 comments

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

Articles

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

Mortgage Delinquencies Increase in the First Quarter of 2026
“Mortgage delinquencies increased on an annual basis, with conventional loan delinquencies relatively flat but wit...
Mortgage Applications Increase in Latest MBA Weekly Survey
“Mortgage rates were generally higher last week, with the 30-year fixed rate at 6.46 percent, its highest level in...
ALTA Good Deeds Foundation Presents $5,000 Grant to Friendship Place at ALTA Advocacy Summit
“This grant reflects the title insurance industry’s deep commitment to supporting charitable work in the com...
NAR Existing-Home Sales Report Shows 0.2% Increase in April
“Despite mixed macroeconomic signals—including a record-high stock market and historically low consumer conf...
Title Resources Group Welcomes New Regional Manager
Title Resources Group, one of the nation's leading title insurance underwriters, is pleased to welcome Jalila Dado as Re...

Search Articles:
browse...

Classifieds

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

© 2020, Source of Title.