Can a borrower in California bring a preemptive action to challenge a lender’s authority to foreclose?
Can a borrower bring a preemptive action to challenge an entity's authority to foreclose?This question was not yet resolved by the California Supreme Court. First, some courts have held that borrowers cannot bring a preemptive action to challenge an entity’s authority to foreclose, reasoning that these actions would “’fundamentally undermine the nonjudicial nature of the process [...]
