Gersten, Ehud

Ehud Gersten is the Principal Attorney at Gersten Law.

California Homeowners Deserve Rights during Foreclosure Proceedings

By Ehud Gersten

Each and every Californian should be very concerned about the foreclosure crisis in our state and what it has revealed about our rights as homeowners.  It was February 2004, when Jose Gomes executed a promissory note and deed of trust to buy his home. The deed of trust identified the lender as KB Home Mortgage Company and the trustee as First American Title Company. On March 6, 2009 Mortgage Electronic Registration Systems (MERS), through their hired trustee agent Recontrust, initiated foreclosure proceedings for Countrywide.

But here’s the problem—his mortgage had changed hands so many times, he had no idea if Countrywide was even his mortgage company; it wasn’t listed anywhere on his original mortgage documents, and neither was the newly appointed trustee.  All evidence showed that none of these companies had any right to foreclose, so we repeatedly asked them to provide proof showing their legal right to his home – it never came, so we sued.