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[+] Comment on "Another County Recorder Seeks Back Fees from MERS" - Source of Title/OH (10 replies)
3/3/2011 11:06:23 AM (3192 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 (5905 views)

[+] What happens when you sue the b&#%@#$s - Alix Ott/MI (10 replies)
2/28/2011 3:01:34 PM (3523 views)

[+] Say no to OUTSOURCING... - Justin/FL (13 replies)
2/28/2011 11:09:16 AM (3701 views)

[+] What 520K will buy in New York city - Leigh Attridge/MA (3 replies)
2/28/2011 6:58:31 AM (4560 views)




More on Angelo Mozilo et als - Leigh Attridge/MA
2/26/2011 12:50:23 PM (4197 views)

[+] Cheaper and cheaper - Amy Jensen/OR (16 replies)
2/25/2011 6:22:45 PM (3543 views)

[+] ACME Abstract - Florida - again - Jason Knowles/AL (4 replies)
2/25/2011 3:49:41 PM (3833 views)

[+] Alternative (One) Abstract - Edouard LeLocle/SC (2 replies)
2/24/2011 5:16:25 PM (3680 views)

[-] Comment on "Another MERS-friendly Ruling, This Time in California " - Source of Title/OH (5 replies)
2/24/2011 11:04:42 AM (3364 views)
Only in California... - Robert Franco/OH
2/24/2011 11:04:42 AM (3394 views)
Re: Only in California... - CHARLENE  PERRY/MD
2/24/2011 11:54:36 AM (3317 views)
Re: Only in California... - Slade Smith/OH
2/24/2011 3:07:44 PM (3267 views)
Re: Only in California... - Robert Franco/OH
2/24/2011 3:30:05 PM (3295 views)

You may have a point in strictly economic terms, but there is more to losing your home than merely economic harm.  By your logic, I could start foreclosing on homes in California... "so long as they are really delinquent, who cares who forecloses?" 

And, there may be other defenses to a foreclosure action available - violation of federal disclosure laws, servicing issues, etc.  Shouldn't homeowners have a right to know who is the beneficial interest holder so that they have a chance to fully inestigate the matter?  I don't think it is good public policy to allow an entity to foreclose on behalf of an undisclosed principal.

There are also technical issues that can prevent foreclosure, though I know you don't necessarily think they should matter.  But, foreclosure is an equitable remedy and it is typically only available to the holder of the note and mortgage.  While I don't necessarily believe that the actual, original note always needs to be provided as evidence, I do believe that there should be some credible record of who the holder is before a foreclosure can proceed. 

I don't think we should ever allow anyone to foreclose without proving that they are actually entitled to that remedy.  I don't think that is too much of a burden to place on the lender.  If you are truly entitled to foreclose... prove it.  I don't think the burden should be on the homeowner to prove that the lender is not entitled to foreclose. 

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Re: Only in California... - Slade Smith/OH
2/24/2011 4:46:55 PM (3290 views)

[+] RASA SOLUTION - Deborah Manion/VA (2 replies)
2/22/2011 12:34:36 PM (3592 views)

Essex Street, 1906, Salem, MA - Leigh Attridge/MA
2/19/2011 11:36:59 PM (4316 views)

[+] Comment on "Mis-indexing, Misfortune, and MERS" - Source of Title/OH (8 replies)
2/19/2011 10:32:41 PM (3698 views)

[+] Updates - Janet Angi/MI (17 replies)
2/19/2011 1:48:44 PM (3481 views)

Microlender Forecloses On Goat - Edouard LeLocle/SC
2/18/2011 9:09:28 PM (3472 views)


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