Into the void: What the decision in Yvanova means

– The yvanova supreme court decision being one of those. This is called due process at work. The right to due process does not mean that one will always win, but it does mean that one will get a fair consideration. 2018 Women of Influence: beckie santos foreign affairs could stall housing reform How Tax Reform Could Hasten Housing-Finance Reform.

So Yvanova stands for the proposition that if a foreclosure is initiated or completed at the behest of a party who is relying upon a void assignment, then that foreclosure is wrongful, and the borrower is entitled to damages. It might lead to a decision on title issues as well.

WHAT IS AN ASSIGNMENT OF MORTGAGE? The California Supreme Court has just issued its much anticipated decision in the case of Yvanova v. New Century Mortgage Corporation.

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Yvanova v. New Century Mortgage Corporation Decision: Wrongful foreclosure plaintiff had standing to challenge validity of underlying assignment of deed of trust to foreclosing party (Werdegar, J.)

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In seeking a finding that an assignment agreement was void, therefore, a plaintiff in Yvanova’s position is not asserting the interests of parties to the assignment; she is asserting her own interest in limiting foreclosure on her property to those with legal authority to order a foreclosure sale.

Although Yvanova is obviously a disappointing decision for lenders, the scope of the Court’s review was narrow, and did not reach the question of whether a late assignment to a securitization trust is void or voidable. Perhaps that is why the Court did not seriously address the amicus briefs dealing with industry practice regarding such.

Our Supreme Court’s decision in Yvanova approved of Glaski’s holding that a plaintiff has standing to assert a cause of action for wrongful foreclosure when “a purported assignment necessary to the chain by which the foreclosing entity claims that power is absolutely void.” (Yvanova, supra, 62 Cal.4th at p. 935.)

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