Case opinion for CA Supreme Court YVANOVA v.. Read the Court's full decision on FindLaw.. Borrower Standing to Challenge an Assignment as Void.. foreclosure, “a Massachusetts mortgagor would be deprived of a means to assert her.

What is a mortgage assignment? Similarly, the unreported federal decisions applying california law largely fail to grapple with Glaski ‘s distinction between void and voidable assignments and tend merely to repeat Jenkins ‘s arguments that a borrower, as a nonparty to an assignment, may not enforce its terms and cannot show prejudice when in default on the loan, arguments we.

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But, there are absolute legal wizards on this who are far better and concise at stating the importance of this decision by the California Supreme Court, UPHOLDING the right of someone who claims their home was taken illegally by a shady bank that has no right to foreclose.

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In Yvanova, after laying out the framework above, the Court declined to. In Sciarratta, the lender assigned a note and deed of trust to one.

The California Supreme Court issued a surprising decision last Thursday in Yvanova v.New Century Mortgage Corp, et al., Docket No. S218973 (CA Supreme court february 18, 2016), ruling unanimously to allow a borrower to challenge a foreclosure based on an allegedly void assignment of their loan, even where he or she is in default on the loan and was not a party to the challenged assignment.

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awaited decision in Yvanova v. New century mortgage corporation, holding that a debtor on a residential mortgage, post foreclosure, may pursue a claim for wrongful foreclosure based on allegations that a purported assignment of the note and deed of trust to the foreclosing party was void. The decision settles a conflict in the

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