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Tuesday, August 12, 2014

NEW CA APPEAL TERMS GLASKI A MINORITY OPINION---WARNING

WARNING    WARNING   

CHASE BANK WINS........... CALIFORNIA PUBLISHED APPEAL


However, make sure to know that the Glaski case, an alleged minority opinion that the CA Supreme Court refused to "depublish" when defendant banks urged depublication---may get a slight one up, because the S Court has depublished YVANOVA, and has agreed to rule on YVANOVA on a limited issue; plus 2 other cases are standing in the wings, and will not be reviewed until YVANOVA has been decided. One of the other 2 cases is the Mendoza case which we expect will be contrasted with Yvanova.


Yvanova involves a direct standing issue based on the deed of trust contract. Mendoza does not assert that claim in her case we don't believe.




MARIA MENDOZA,
Plaintiff and Appellant,
v.
JPMORGAN CHASE BANK, N.A. et al.,
Defendants and Respondents.
=============================================

http://www.courts.ca.gov/opinions/documents/C071882.PDF



      WARNING--THE GLASKI CASE WILL NOT WORK FOR MANY OWNERS,
AS DEMONSTRATED BY THIS 

CALIFORNIA APPEALS CASE...THIRD DCA JULY 2014



                NEW PUBLISHED APPEAL, CALIFORNIA


APPEAL INVOLVING CHASE BANK, OWNER DID NOT PREVAIL

"We agree
with the growing number of courts that have foreclosed borrowers from setting aside a
trustee’s sale based on alleged irregularities in a securitization process they did not have
standing to challenge and that did not ultimately prejudice them." 



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