AbstractorPro (Real Title Services)
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



[-] Comment on "Another MERS-friendly Ruling, This Time in California " - Source of Title/OH (5 replies)
2/24/2011 11:04:42 AM (3075 views)
Only in California... - Robert Franco/OH
2/24/2011 11:04:42 AM (2779 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 (2715 views)
Re: Only in California... - Slade Smith/OH
2/24/2011 3:07:44 PM (2677 views)
Re: Only in California... - Robert Franco/OH
2/24/2011 3:30:05 PM (2690 views)
Re: Only in California... - Slade Smith/OH
2/24/2011 4:46:55 PM (2642 views)

[+] RASA SOLUTION - Deborah Manion/VA (2 replies)
2/22/2011 12:34:36 PM (3299 views)

Essex Street, 1906, Salem, MA - Leigh Attridge/MA
2/19/2011 11:36:59 PM (3829 views)

[+] Comment on "Mis-indexing, Misfortune, and MERS" - Source of Title/OH (8 replies)
2/19/2011 10:32:41 PM (3271 views)

[+] Updates - Janet Angi/MI (17 replies)
2/19/2011 1:48:44 PM (3224 views)


Real Title Services


Microlender Forecloses On Goat - Edouard LeLocle/SC
2/18/2011 9:09:28 PM (3233 views)

[+] Riley Plaza, ca 1900 Salem MA - Leigh Attridge/MA (1 reply)
2/18/2011 6:28:49 PM (4495 views)

[+] US Title WARNING!!! - Angela Johnson/NC (13 replies)
2/17/2011 2:07:17 PM (3985 views)

[+] MD TIITLE EXAMINERS' MANUAL - Deborah Manion/VA (5 replies)
2/17/2011 1:41:45 PM (3919 views)

[+] E&O Renewal - Michaela Urban/OH (3 replies)
2/16/2011 9:47:20 AM (3270 views)

[+] Summer Home As A Permanent Residence? - Scott Perry/PA (4 replies)
2/14/2011 8:56:31 PM (4564 views)

[+] Just a Wish... - Deborah Manion/VA (10 replies)
2/14/2011 12:42:30 PM (3095 views)

[+] Maryland Judgment Copies - Deborah Manion/VA (4 replies)
2/11/2011 11:17:49 AM (3422 views)

[+] Procedure question - Leigh Attridge/MA (5 replies)
2/10/2011 7:48:24 PM (3325 views)

[+] When is this mess going to end? - Angie  McKinnon/UT (3 replies)
2/10/2011 7:17:34 PM (5343 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 8917 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:

Unveiling the Costs: Why Commercial Title Searches Command a Premium
Security American's Blog
2024/04/17
0 comments

Protecting Your Home: The Ins and Outs of Deed Theft and How to Shield Yourself
Security American's Blog
2024/03/21
0 comments

Exploring the Implications of Eliminating Mandatory Title Insurance
Security American's Blog
2024/03/11
0 comments

Articles

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

Multifamily Developer Confidence Declines in First Quarter
“Multifamily developers are concerned about higher interest rates for construction and development loans and tight...
Mortgage Applications Increase in Latest MBA Weekly Survey
“Mortgage applications increased for the first time in three weeks, with refinances up 5 percent. Even with the in...
More Than 90% of Metro Areas Recorded Home Price Increases in First Quarter of 2024
"Astonishingly, greater than 90% of the country's metro areas experienced home price growth despite facing the highest m...
Real Estate Tech Leaders Discuss Transformative Impact of Artificial Intelligence
Jeff Allen, president of CubiCasa, said it is easier than ever to enhance media and outputs on listings. "This is where ...
NAR Chief Economist Lawrence Yun Predicts Falling Long-Term Interest Rates, Rising Existing-Home Sales in 2024
"How is it that home sales can be this low when we've got so many people living in this country?" asked Yun. "High mortg...

Search Articles:
browse...

Classifieds

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

© 2020, Source of Title.