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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
California Supreme Court Decision In Yvanova , California Supreme Court limited its review to the following: “In an action for wrongful foreclosure on a deed of trust securing a home loan, does the borrower have standing to challenge an assignment of the note and deed of trust on the basis of defects allegedly rendering the assignment void?”
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Yvanova & Pre-foreclosure Lawsuits – The court was clear in saying that this decision could not be used in pre-foreclosure cases in an effort to prevent a foreclosure from happening. The court only ruled that borrowers have standing to bring this argument in a wrongful foreclosure lawsuit, which means the borrower has already lost his or her house.
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After two years, we converted that into an exclusive distribution agreement,” said Velarde. the company fills a.
The court acknowledged that Yvanova recognized a borrower s standing only where the defect in the assignment rendered the assignment void. “Yvanova expressly offers no opinion as to whether, under New York law, an untimely assignment to a securitized trust made after the trust s closing date is void or merely voidable. [Citation.]
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· By William Hudson Last week the california supreme court ruled in Yvanova v. New Century Mortgage Corporation (Case No. S218973, Cal. Sup. Ct. February 18, 2016) that homeowners have standing to challenge a note assignment in an action for wrongful foreclosure on the grounds that the assignment is void. Obviously if the court had ruled differently, the banks would have had.
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.)