Does a lender have authority to foreclose on a defaulting homeowner when it fails to meet the conditions precedent for foreclosure contained in the trust deed?

Facts: A homeowner obtains a mortgage secured by a trust deed on their home. The trust deed specifies conditions required by the National Housing Act (NHA) that the lender is to fulfill before foreclosing on a homeowner in default, including a meeting with the homeowner to discuss foreclosure alternatives and loan modifications. The homeowner later…

Does “as-is,” mean “no disclosures”?

Being up front with vital information has conquered the used car market, and was done solely for marketing reasons. Yet, real estate owned (REO) sales, trustee’s sales, short sales, and the agents that work those deals, have made a run in the opposite direction in spite of anti-fraud legislation. The problem These properties are sold…