From CRD: Breaking News, to all thinking about suing their lenders:
Things are changing nationwide and the court are starting to “get it” about “void assignments.”
Here is a direct quote from CSC’s Yvanova case from Feb, 2016:
“We granted review in this case to decide one aspect of that question: whether the borrower
on a home loan secured by a deed of trust may base an action for wrongful foreclosure on
allegations a purported assignment of the note and deed of trust to the foreclosing party
bore defects rendering the assignment void.
The Court of Appeal held plaintiff Tsvetana Yvanova could not state a cause of action for
wrongful foreclosure based on an allegedly void assignment because she lacked standing to assert
defects in the assignment, to which she was not a party. We conclude, to the contrary, that because
in a nonjudicial foreclosure only the original beneficiary of a deed of trust or its assignee or agent may
direct the trustee to sell the property, an allegation that the assignment was void, and not merely
voidable at the behest of the parties to the assignment, will support an action for wrongful foreclosure.”
The academic analysis of this decision is far greater than the court addressed or admitted in the text
of the decision.
It for the first time, Calif’s highest court approved a borrower’s right to challenge a lender/servicer’s right to act.
If this notion trickles down topre-auction sales non-judicially, then what prevents
an attack [previously in conflict]?
We argue, absolutely nothing. The clear signal to the pubic here is to
allow challenges to borrowers claims, something the courts of appeal have disputed for years.
SO, moving forward in your lawsuits do this: RAISE THE CHALLENGE IN PRE AUCTION
Actions for TRO and Injunctive relief. Cite and quote from Yvanova as a powerful “state” precedent
regardless of the state you are in. The high courts are listening more now that ever…Yvanova proves this.
Call us for assistance at 818.453.3585 ask for Steve or Sara at
Consumer Rights Defenders, America’s No. 1 pro se litigation organization.