MSJ Judicial Foreclosure CCP 725(a) does not prohibit servicer from foreclosure if assigned

From: Charles Cox [mailto:charles@bayliving.com]
Sent: Tuesday, August 14, 2012 9:42 AM
To: Charles Cox
Subject: MSJ Judicial Foreclosure CCP 725(a) does not prohibit servicer from foreclosure if assigned

In a homeowner’s suit against a loan servicer for claims arising out of a nonjudicial foreclosure attempts, trial court’s grant of loan servicer’s motion for summary judgment on the judicial foreclosure cross-complaint and entry of a decree authorizing foreclosure is affirmed, as Code of Civil Procedure section 725(a) does not prohibit a loan servicer from initiating a judicial foreclosure action in its name, so long as the right to foreclose has been assigned to the loan servicer

Arabia v. BAC Cal.App.4th.docx

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