The GUTS of Calif Sup. Court’s Yvanova Decision may help you NATIONWIDE….

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.  

 

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