Wednesday, November 14, 2012

California Appeals Court: OK For Trust Deed Beneficiary To Contract Away Its Right To Foreclose To Loan Servicer

Law 360 reports:

  • In a recent decision, the California Court of Appeal for the Fourth District held, in the absence of any clear statutory authority, that the beneficiary of a deed of trust may contract its right to judicially foreclose to its loan servicer, which may then validly pursue a judicial foreclosure.
For more, see Arabia v. BAC — More Leverage For Calif. Loan Servicers.

For the ruling, see Arabia v. BAC Home Loan Servicing, LP., No. D060923 (Cal. App. 4th Dist. Div. 1, August 13, 2012).

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