If your home was wrongfully foreclosed, you may still have a powerful path to reclaim title, assert your interest, and recover the proceeds or possession—by asserting your equitable rights, perfecting a security interest, and enforcing your position as a secured party in law and in commerce.
Discover how equity protects real property interests when formal contracts are bypassed but performance and acceptance occur. This article explores how a broker’s conduct — such as accepting a tendered offer and delisting a property — can create equitable title, even without a deed. Learn how to secure your equitable interest through affidavits, lawful tender, UCC filings, and quiet title actions. Equity enforces what the law may overlook — when you act in honor and truth.
Many assume that consumer law exists independently of the Uniform Commercial Code (UCC) and is governed solely by statutes like the Truth in Lending Act (TILA) and its implementing regulation, Regulation Z. However, this is a misconception. The UCC plays a critical role in consumer transactions, particularly in areas such as secured transactions, negotiable instruments, sales of goods, and warranties. While consumer protection laws provide remedies and disclosures, the UCC governs the enforceability, structure, and rights associated with consumer agreements.One of the most significant aspects of this relationship is UCC Article 9, which explicitly recognizes "consumers" as "debtors" in secured transactions, reinforcing the UCC’s authority over consumer transactions.