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Promised Relief Many Deeper in Debt - Leigh Attridge/MA
3/7/2011 8:09:35 AM (4153 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 (3140 views)

End of the 30 year mortgage? - Leigh Attridge/MA
3/6/2011 1:45:46 PM (4356 views)

[+] Taos Land Grant Issues - Joyce/CO (2 replies)
3/4/2011 12:32:31 PM (8782 views)

HSBC SUSPENDS FORECLOSURES NATIONWIDE - CHARLENE  PERRY/MD
3/3/2011 12:32:40 PM (4798 views)




[+] Comment on "Another County Recorder Seeks Back Fees from MERS" - Source of Title/OH (10 replies)
3/3/2011 11:06:23 AM (3424 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 (6209 views)

[+] What happens when you sue the b&#%@#$s - Alix Ott/MI (10 replies)
2/28/2011 3:01:34 PM (4073 views)

[+] Say no to OUTSOURCING... - Justin/FL (13 replies)
2/28/2011 11:09:16 AM (3904 views)

[+] What 520K will buy in New York city - Leigh Attridge/MA (3 replies)
2/28/2011 6:58:31 AM (4877 views)

More on Angelo Mozilo et als - Leigh Attridge/MA
2/26/2011 12:50:23 PM (4390 views)

[+] Cheaper and cheaper - Amy Jensen/OR (16 replies)
2/25/2011 6:22:45 PM (3831 views)

[+] ACME Abstract - Florida - again - Jason Knowles/AL (4 replies)
2/25/2011 3:49:41 PM (4098 views)

[+] Alternative (One) Abstract - Edouard LeLocle/SC (2 replies)
2/24/2011 5:16:25 PM (3892 views)

[-] Comment on "Another MERS-friendly Ruling, This Time in California " - Source of Title/OH (5 replies)
2/24/2011 11:04:42 AM (3606 views)
Only in California... - Robert Franco/OH
2/24/2011 11:04:42 AM (4069 views)
Re: Only in California... - CHARLENE  PERRY/MD
2/24/2011 11:54:36 AM (3879 views)
Re: Only in California... - Slade Smith/OH
2/24/2011 3:07:44 PM (3881 views)
Re: Only in California... - Robert Franco/OH
2/24/2011 3:30:05 PM (3928 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 (3860 views)


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