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CA Court Site Info on Foreclosure

Monday, June 29, 2015

CA Supreme Ct Depublishes Yvanova v. New Century Mortgage Corp.--Will Be Key to Precedent 2015

UPDATE 2016 Feb 18th, the CA SUPREME COURT HAS ISSUED THEIR RULING AND IT ALLOWS, IN NARROW INSTANCES, THE HOME OWNER TO CHALLENGE A WRONGFUL FORECLOSURE WHERE THE ALLEGED ACTUAL ASSIGNMENT WAS VOID.....
the court compared Glaski and many other cases as expected. Further, the Court clearly stated what the Court was NOT saying in this decision.

To read the CA Supreme Court's decision, see our post on 2/18/2016, the day the decision came out, on this blog....or click link here....YVANOVA 2016 CA SUPREME COURT DECISION
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See later post re 2 other cases along with this one, likely to point out the differences in the cases, or similarities...........http://legalresearchcaliforniaforeclosures.blogspot.com/2015/04/glaski-was-not-depublished-though-banks.html   also see Yvanova's opening brief at end below........

http://www.supremecourttracker.com/California-Supreme-Court-Tracker.pdf

http://unitedtrustees.com/adleson-parrella-california-supreme-court-wrongful-foreclosure/

"The one area of success for borrowers comes from the decision in Glaski v. Bank of America (2013) 218 Cal.App.4th 1079 (“Glaski”).  Among other things, Glaski, the plaintiff/borrower, filed a second amended complaint attempting to allege “wrongful foreclosure” after a trustee’s sale because his loan was transferred to a securitized trust after the trust’s closing date, thus rendering the transfer ineffective under New York Trust law. 
He further alleged that the late transfer violated the securitized trust’s pooling and servicing agreement and was void.  
The trial court sustained the lender’s demurrer to Glaski’s second amended complaint without leave to amend and dismissed the case.  Glaski appealed and the court of appeal held that Glaski had sufficiently alleged a cause of action for wrongful foreclosure. The Glaski court also found that the borrower, after the trustee’s sale, had standing to challenge the assignment of the note and deed of trust to the securitized pool. The Glaski case breathed life into chain of title challenges by borrowers.  However, the Glaski case has been almost universally rejected by subsequent state and federal published cases in California."


Foreclosure-- Borrower’s Standing To Challenge Assignment. 

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? In briefing Answer brief due January 16, 2015

LINK TO COURT:
http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=0&doc_id=2078551&doc_no=S218973

Yvanova v. New Century Mortgage Corp., S218973 226 Cal.App.4th 495

http://www.courts.ca.gov/opinions/revpub/B247188.PDF

Yvanova's Opening Brief: (probably one of best written ever...)

https://livinglies.files.wordpress.com/2015/03/yvanova2014-opening-brief.pdf

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