Perspective
May 18, 2012
Who’s really foreclosing?
Non-judicial foreclosures deny fundamental rights to owners. By John R. Engel of Sullivan Hill Lewin Rez & Engel
I am among the lawyers outraged by recent court decisions that have approved non-judicial foreclosures without regard to whether the foreclosing party is, or has been authorized to foreclose by, the party entitled to enforce the promissory note or other obligation secured by the deed of trust.
The non-judicial foreclosure statutes are set out at Civil Code Sections 2924 and following. But these statutes do not pretend to codify the law ...
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