Following the path of recent decisions of California Courts, it would appear that one can now get away with murder provided it takes place in the foreclosure process. Since California Civil Code 2924 through 2924k provides a comprehensive framework for the regulation of nonjudicial foreclosure sales pursuant to a power of sale contained in a deed of trust, many California Courts are simply looking to whether the mechanical framework of 2924 has been complied with, and ignoring the fraud and falsities of the allegations taking place therein.
Notwithstanding, we all know that murder is wrong and that a foreclosure statute can not immunize one from the same. We simply do not ignore murder just because it occurs at a home auction. So why do Courts all of a sudden choose to consciously ignore all the fraud and falsities contained in Notice of Defaults and Notice of Sales? Do they not consider felony grand theft as wrong as murder? What is triggering such absurd results?
The absurdities have there genesis through the tunnel vision application of California Civil Code 2924, which many courts are ruling eliminates all other laws. However, such a fundamentally flawed application of 2924 actually allows anyone on the planet to take any home in California simply by filing a false notice of default and notice of sale.
Yes, even you could actually foreclose on Oprah’s Santa Barbara Estate or Governor Schwarzenegger’s Brentwood estate simply by recording a false notice of default or notice of sale according to these Courts! Perhaps these Courts do not fully understand the consequences and ramifications of their rulings. Perhaps there are not enough attorneys and homeowners contesting these unlawful takings. Perhaps most people just assume that the foreclosing party actually has the lawful ability to foreclose, due to the improper payments they sent to these entities all along. Perhaps the fundamentals of securitization in the mortgage industry and on Wall Street are too complex to understand.
Stay tuned, more on this blog to be published soon.
Written by Michael G. Doan– Mr. Doan practices on the cutting edge of bankruptcy law, and was the first attorney in the entire Southern District of California to file the very first Chapter 7 Bankruptcy and very first Chapter 13 Bankruptcy under the new Bankruptcy Laws which went into effect on October 17, 2005.
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