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[+] Cheaper and cheaper - Amy Jensen/OR (16 replies)
2/25/2011 6:22:45 PM (3654 views)

[+] ACME Abstract - Florida - again - Jason Knowles/AL (4 replies)
2/25/2011 3:49:41 PM (3918 views)

[+] Alternative (One) Abstract - Edouard LeLocle/SC (2 replies)
2/24/2011 5:16:25 PM (3764 views)

[-] Comment on "Another MERS-friendly Ruling, This Time in California " - Source of Title/OH (5 replies)
2/24/2011 11:04:42 AM (3446 views)
Only in California... - Robert Franco/OH
2/24/2011 11:04:42 AM (3611 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 (3500 views)
Re: Only in California... - Slade Smith/OH
2/24/2011 3:07:44 PM (3451 views)
Re: Only in California... - Robert Franco/OH
2/24/2011 3:30:05 PM (3494 views)
Re: Only in California... - Slade Smith/OH
2/24/2011 4:46:55 PM (3489 views)

[+] RASA SOLUTION - Deborah Manion/VA (2 replies)
2/22/2011 12:34:36 PM (3711 views)


Real Title Services


Essex Street, 1906, Salem, MA - Leigh Attridge/MA
2/19/2011 11:36:59 PM (4401 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 (3549 views)

Microlender Forecloses On Goat - Edouard LeLocle/SC
2/18/2011 9:09:28 PM (3525 views)

[+] Riley Plaza, ca 1900 Salem MA - Leigh Attridge/MA (1 reply)
2/18/2011 6:28:49 PM (5049 views)

[+] US Title WARNING!!! - Angela Johnson/NC (13 replies)
2/17/2011 2:07:17 PM (4321 views)

[+] MD TIITLE EXAMINERS' MANUAL - Deborah Manion/VA (5 replies)
2/17/2011 1:41:45 PM (4283 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 (5040 views)

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


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