This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Real Estate/Development

Oct. 7, 2011

Shame on California courts: Rubber-stamping foreclosures by corporations

California courts need to start ensuring that financial institutions have the right to foreclose on someone's home. By Mark F. Didak of Arias, Ozzello & Gignac LLP


By Mark Didak


Faulty mortgage "securitization" has serious legal consequences for borrowers, potentially rendering the debt unsecured or even unenforceable. California courts, however, are woefully behind courts in other jurisdictions in their understanding of the facts and basic law underlying these issues. The sad and shameful result is that our courts too often give short shrift to homeowner lawsuits, rubber-stamping foreclosures by corporations that...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up