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Postforeclosure judicial process satisfies due process clause

June 5th, 2015 by Joseph William Singer

The Sixth Circuit has ruled that nonjudicial foreclosure satisfies constitutional due process requirements because the homeowner/borrower was given notice of the foreclosure and notice of who to cure the default or seek a loan modification and how to redeem the property (get it back) after the foreclosure sale during a six-month redemption period. Garcia v. Fed. Nat’l Mortg. Ass’n,  782 F.3d 736 (6th Cir. 2015). These statutory procedures satisfied the constitutional right to notice and an opportunity to be heard before being deprived of a property right.

Posted in Consumer protection, Due process, Mortgages, Real estate transactions, Title issues | Comments Off on Postforeclosure judicial process satisfies due process clause

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