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Finally a decision on the central point of what I have been arguing for years — that the substitution of trustee in nonjudicial states is a sham.
The issue is why is the homeowner stuck with merely getting damages? The homeowner should be getting title cleared. The foreclosure sale was void ab initio because the “substituted” trustee never had the authority to send the notice of default nor the notice of sale.
We are back to talking about void means void. This is a potential gray area — because the state statute probably says that any sale which on its face complies with state statutes is presumptively valid — which might make the sale voidable instead of void.