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Promised Relief Many Deeper in Debt - Leigh Attridge/MA
3/7/2011 8:09:35 AM (4069 views)

[+] Comment on "Scott County, Missouri Begins E-Recording, Several Indiana Counties to Offer Service Soon" - Source of Title/OH (3 replies)
3/7/2011 7:59:24 AM (3096 views)

End of the 30 year mortgage? - Leigh Attridge/MA
3/6/2011 1:45:46 PM (4292 views)

[+] Taos Land Grant Issues - Joyce/CO (2 replies)
3/4/2011 12:32:31 PM (8694 views)

HSBC SUSPENDS FORECLOSURES NATIONWIDE - CHARLENE  PERRY/MD
3/3/2011 12:32:40 PM (4716 views)




[+] Comment on "Another County Recorder Seeks Back Fees from MERS" - Source of Title/OH (10 replies)
3/3/2011 11:06:23 AM (3371 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 (6108 views)

[+] What happens when you sue the b&#%@#$s - Alix Ott/MI (10 replies)
2/28/2011 3:01:34 PM (3961 views)

[+] Say no to OUTSOURCING... - Justin/FL (13 replies)
2/28/2011 11:09:16 AM (3838 views)

[+] What 520K will buy in New York city - Leigh Attridge/MA (3 replies)
2/28/2011 6:58:31 AM (4778 views)

More on Angelo Mozilo et als - Leigh Attridge/MA
2/26/2011 12:50:23 PM (4317 views)

[+] Cheaper and cheaper - Amy Jensen/OR (16 replies)
2/25/2011 6:22:45 PM (3714 views)

[+] ACME Abstract - Florida - again - Jason Knowles/AL (4 replies)
2/25/2011 3:49:41 PM (4014 views)

[+] Alternative (One) Abstract - Edouard LeLocle/SC (2 replies)
2/24/2011 5:16:25 PM (3827 views)

[-] Comment on "Another MERS-friendly Ruling, This Time in California " - Source of Title/OH (5 replies)
2/24/2011 11:04:42 AM (3528 views)
Only in California... - Robert Franco/OH
2/24/2011 11:04:42 AM (3815 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 (3670 views)
Re: Only in California... - Slade Smith/OH
2/24/2011 3:07:44 PM (3632 views)
Re: Only in California... - Robert Franco/OH
2/24/2011 3:30:05 PM (3683 views)
Re: Only in California... - Slade Smith/OH
2/24/2011 4:46:55 PM (3647 views)


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