In re Humberto Cedano, 2012 DAR 5531 (5/1/12) - BAP # CC-11-1189 HKiMk
Posted: Wed May 02, 2012 6:26 pm
It would be interesting to know the history (or lobbyists in support) of the nonjudicial foreclosures. When reading this case, it appears that we have waived any right to challenge who has the right to foreclose. And even admits that partial compliance is the low standard the Trustees and Lenders need to reach in order to go forward with the foreclosure. Hard to sue after you lost the house.
"nonjudicial foreclosure proceedings are intended to be
less expensive and more quickly concluded, therefore [t]he
recognition of the right to bring a lawsuit to determine a
nominees authorization to proceed with foreclosure on behalf of
the noteholder would fundamentally undermine the nonjudicial
nature of the process and introduce the possibility of lawsuits
filed solely for the purpose of delaying valid foreclosures.
Gomes, 192 Cal. App. 4th at 1155"
Hence - no real reason to have a Judge determine if there ever is compliance....so long as they are inexpensive and quickly concluded....
The post was migrated from Yahoo.