Trustee has an obligation of fair dealing with both the borrower and the lender. All tooften the Trustee ʼs loyalties follow the money, for it is the Lender that pays the bills. A Notice of Non-Judicial sale is very much like a Motion for Summary Judgment in JudicialForeclosure States. It is designed to take the case off the docket and the get the saleover with as little trouble as possible — where the facts are not in dispute, the borroweris in default, the lender has followed all the necessary procedures, and the Lender is in fact collecting on a debt that is owed.
The Lender, by having the property sold isrecovering part or all of the debt owed to the lender.In the Mortgage Meltdown context however, everything is turned on its head formortgages originated between 2001-2008. The Lender has already been paid, doesnt won the note and is attempting to score a windfall by getting the property in addition tothe money it received from the REAL source of the financing.
And the Lender has received an undisclosed fee of around 2.5% of the total “loan.” The mortgage broker,the appraiser and other participants were also overpaid by as much as seven or eight times their normal fees to keep their mouths shut. The borrower s reliance on the good