Into the void: What the decision in Yvanova means

by California Lawyer, TFMetals Report This is too important to not share. I found out about this last week, and wanted to get an update out there. 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.

Foreclosure is a special proceeding This project was made possible by a grant from the Office of the Attorney General of California, from the national mortgage fraud settlement, to assist California consumers. Yvanova, the california supreme court unanimously held that borrowers have standing to challenge a void, even if the borrowers are not parties to the assignment.

On the other hand, if the assignment is totally "void" – meaning that it was never enforceable and was always totally without effect – then the homeowner/borrower is entitled to challenge the assignment, and challenge any later foreclosure by the void assignee. The Yvanova decision allowed the plaintiff in that case – and others who are.

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And remember that Patricia is a CFLA Instructor, training lawyers and others around the country in how to represent homeowners in quiet title cases and how to use CFLA’s securitization audits in foreclosure defense. Look, I understand that foreclosure defense has been incredibly difficult even for the most dedicated and experienced attorneys.

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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.

Into the void: What the decision in Yvanova means. The California Supreme Court leaves much unresolved in case. February 22, 2016. Robert Finlay and Jonathan Fink.

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