Does nonjudicial foreclosure violate the Seventh Amendment?
MultiRegion, United States of America
The following excerpt is from Matchynski v. Ocwen Loan Servicing, CASE NO. 13-CV-1915-BEN (WMC) (S.D. Cal. 2014):
Plaintiff argues that non-judicial foreclosure violates the Seventh Amendment by depriving him of a jury trial. However, nonjudicial foreclosure is not a judicial proceeding to which the Seventh Amendment applies. Nonjudicial foreclosure is a purely private remedy, and its constitutionality has been upheld. See Apao v. Bank of N.Y., 324 F.3d 1091, 1092 (9th Cir. 2003).
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