California Supreme Court Rules in Yvanova. – HISAdvocates.org – By William Hudson Last week the California Supreme Court ruled in Yvanova v. New Century Mortgage Corporation (Case No. S218973, Cal. Sup. Ct. February 18, 2016) that homeowners have standing to challenge a note assignment in an action for wrongful foreclosure on the grounds that the assignment is void.
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YVANOVA v. NEW CENTURY MORTGAGE CORPORATION – In seeking a finding that an assignment agreement was void, therefore, a plaintiff in Yvanova’s position is not asserting the interests of parties to the assignment; she is asserting her own interest in limiting foreclosure on her property to those with legal authority to order a foreclosure sale.
First Yvanova, Now Hernandez-Courts Warming Up to Homeowner. – First Yvanova, Now Hernandez-Courts Warming Up to Homeowner Arguments Posted on July 24, 2016 by eggsistense california homeowner advocate sherry hernandez is feeling great these days about her efforts to fight her wrongful foreclosure by Penny Mac (i.e., PNMAC).
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California Supreme Court – housingwire.com – Essentially, despite expounding on the issues for 30 pages, the opinion just stands for the unremarkable (and, largely, undisputed) proposition that a borrower has standing to sue for wrongful.
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New Pitfalls for Foreclosure Buyers: the California Supreme. – On the other hand, if the assignment is totally "void" – meaning that it was never enforceable and was always totally without effect – then the homeowner/borrower is entitled to challenge the assignment, and challenge any later foreclosure by the void assignee. The Yvanova decision allowed the plaintiff in that case – and others who are.