Which parties are necessary to include in a foreclosure proceeding?

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In a foreclosure proceeding, including the mortgagor and the record owners of the title is essential for ensuring that all interested parties are given the opportunity to defend their rights regarding the property. The mortgagor, the party that obtained the loan and mortgaged the property, must be included to address any potential disputes about the loan and the circumstances leading to the foreclosure. Additionally, the record owners of the title must be included because they have ownership rights that may be affected by the foreclosure process. This ensures that any sale of the property or transfer of ownership is valid and recognized by all relevant parties.

In the context of foreclosures, failing to include the necessary parties could lead to legal challenges. For instance, if record owners were not part of the proceedings, they could later contest the validity of the foreclosure or the sale, causing complications and potentially voiding any transfer of the property made during the foreclosure process. This highlights the importance of including all relevant parties to uphold the integrity of the foreclosure proceedings.

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