Does a plaintiff have a right to bring a lawsuit to determine the authorization of a nominee to proceed with a foreclosure on behalf of the note holder?

California, United States of America


The following excerpt is from Jenkins v. JP Morgan Chase Bank, N.A., G046121 (Cal. App. 2013):

and legislative history]; City of Cotati v. Cashman (2002) 29 Cal.4th 69, 80 (City of Cotati) [plaintiff may not use claim for declaratory relief to "'create a cause of action that otherwise does not exist'"].) "The recognition of the right to bring a lawsuit to determine a nominee's authorization to proceed with foreclosure on behalf of the note holder would fundamentally undermine the nonjudicial nature of the process and introduce the possibility of lawsuits filed solely for the purpose of delaying valid foreclosures." (Gomes, supra, 192 Cal.App.4th at p. 1155.)

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