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The reason the dockets are 'crowded' is because nearly 1/2 of all federal cases are about illegal aliens. That seems more significant than the number of judges we have.
Most Peculiar, Momma - The courts are ignoring the Legislature's concern over 'public interest' as the 3rd party to every deed of trust loan. The public interest has a right to be able to determine ownership of a property from public records. The public interest has a right to determine liens against properties in which it may have a legal or fiduciary interest. The borrower has a right to have a clean title history available for the public in order to receive the maximum bid in the case of foreclosure. A ticking time bomb will be when a foreclosee realizes that 2932.5 mentions 'other encumbrancer', and as it does not apply to deed of trust loans, apparently they aren't encumbranced. If they aren't encumbranced, how can power of sale be invoked? Strange days, indeed!
Even if you have the lender show up with a 'blue ink' promissory note the Fat Lady hasn't sung yet. When you look at the procedure to extract a defaulted loan from the pool, you may see that if the loan has mortgage insurance, it is declared 'paid in full'. In other words, a third party interest has paid off the note, and there is no contract remaining. The court should just hand you your note, find for you, and say ... "next case".
To Indio- It would in California. Recent Appeal case Gomes v. Country Wide. “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,” wrote Irion, who was joined in her decision by the two other judges on the panel. Asking MERS to demonstrate it has the right to foreclose “would be inconsistent with the policy behind nonjudicial foreclosure of providing a quick, inexpensive and efficient remedy” and would allow lawsuits to delay foreclosures, the judge wrote.
Not good enough. He and his family still have a roof over their heads. He has clouded title and reduced the equity of 10's of thousands of homes that won't be discovered until the homes are sold or paid off and original note can't be found to get title insurance.
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