This story reflects a new reality in which nonjudicial foreclosure, combined with draconian unlawful detainer laws, concretizes the injuries associated with wrongful foreclosure, degrades the perceived legitimacy of the courts, and suppresses valid claims of wrongful foreclosure. Indeed, this very scenario happens regularly in a variety of states. This story is a very real tale of how homeowners are harmed by a foreclosure process that has largely escaped scholarly review. Rooted in the belief that sunshine is a powerful disinfectant, this Article aims to shed light on states that hogtie homeowners and makes a normative argument that such a process is inconsistent with the rest of home-centric jurisprudence, notions of legitimacy, the modern trend towards centralization and consolidation of claims, and our basic understanding of tort claims as deterrents.
Where Kafka Reigns: A Call for Metamorphosis in Unlawful Detainer Law,
U. Mich. J. L. Reform
Available at: http://repository.law.umich.edu/mjlr/vol49/iss3/1