Foreclosure Hamlet

Supporting, Informing & Connecting People in Foreclosure

  1. Plaintiff has the right to challenge the beneficiary interest

 

The Cal Appellate judiciary thinks there is no prejudicial harm for a borrower to pay a loan to someone who holds no beneficial interest by routinely denying defenses to homeowners because the §2924 statute neither defines nor denies the right to sue after a notice of default. The DOT in this action is a standardized GSE form used in the vast majority of home loans in California, with a clause[1]granting the right to sue to challenge the beneficiary interest. This implies that thousands of homeowners were denied their day in court by systemically having their rights of due process denied by the California Appellate judiciary.



[1] DOT ¶ 19

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