Like the Massachusetts borrowers considered in Culhane, whose mortgages contained a power of sale allowing for nonjudicial foreclosure, California borrowers whose loans are secured by a deed of trust with a power of sale may suffer foreclosure without judicial process and thus "would be deprived of a means to assert [their] legal protections" if not permitted to challenge the foreclosing entity’s authority through an action for wrongful foreclosure.

foreclosure sale n. the actual forced sale of real property at a public auction (often on the courthouse steps following public notice posted at the courthouse and published in a local newspaper) after foreclosure on that property as security under a mortgage or deed of trust for a loan that is substantially delinqu.

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From our Law Articles page: Toward a More Equitable Balance: Homeowner and Purchaser Tensions in Non-Judicial Foreclosure States (5/12) Home Equity Theft Reporter: The foreclosing parties frequently do not possess the right to foreclose and the resulting sales may be unlawful.

She struck a deal with an investor to purchase her home as a short sale then entered into a lease-option agreement to buy it back in three years. Vasquez will pay rent for 36 months and will then repurchase her home for $234,000, 130 percent of what she sold it for on short sale.

full text of "foreclosure problems and solutions: federal, state, and local efforts to address the foreclosure crisis in ohio" see other formats

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