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Tuesday, August 9, 2016

SCIARRATTA Case...Another HOMEOWNER Helped by Yvanova

http://law.justia.com/cases/california/court-of-appeal/2016/d069439.html

MAY 2016 FOURTH APPELLATE DISTRICT

MONICA SCIARRATTA, Plaintiff and Appellant,

 v. U.S. BANK NATIONAL ASSOCIATION,
 as trustee, etc., et al., Defendants and Respondents



This case presents the question of "prejudice" left open in Yvanova:

Where a homeowner alleges foreclosure by one with no right to do so, do such allegations alone establish the requisite prejudice or harm necessary to state a cause of action for wrongful foreclosure?

 Or instead, to adequately plead prejudice, does the plaintiff-homeowner have to allege the wrongful foreclosure interfered with his or her ability to pay on the debt, or lead to a foreclosure that would not have otherwise occurred? 

Although Yvanova did not address this precise issue, the policy considerations that drove the standing analysis in Yvanova compel a similar result here.   *[At this point, we (blogger) say ..."DUH?!!!"........]

As the Supreme Court stated in Yvanova, it would be an "'odd result' indeed" were a court to conclude a homeowner had no recourse where anyone, even a stranger to the debt, had declared a default and ordered a trustee's sale. (Yvanova, supra, 62 Cal.4th at p. 938.) 

Accordingly, we conclude that a homeowner who has been foreclosed on by one with no right to do so—by those facts alonesustains prejudice or harm sufficient to constitute a cause of action for wrongful foreclosure.

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