How is debtor assent determined in the strict foreclosure process?

In the context of strict foreclosure, debtor assent is determined primarily by the debtor's failure to make a written objection within a specified time frame, which is typically 20 days. This legal principle is grounded in the idea that if the debtor does not actively object to the proposed strict foreclosure, it indicates a level of assent or acceptance to the lender's actions regarding the secured collateral. The lack of objection serves as a sign that the debtor may not dispute the lender's right to foreclose on the collateral for non-payment, thus streamlining the foreclosure process.

The strict foreclosure process is designed to provide a mechanism for secured creditors to recover the collateral without going through a lengthy sale process when it appears that the debtor has no intention of satisfying the debt. Therefore, the statutory requirement for written objection within that specific period is crucial. If the debtor remains silent or fails to document an objection in that timeframe, it is generally interpreted as consent to proceed with the foreclosure. This framework emphasizes the importance of timely responses in debtor-creditor relationships and reinforces the need for debtors to be proactive in communicating their stance to avoid unintended consequences.