Into the void: What the decision in Yvanova means

The decision was not as instantaneous as it seemed, of course.. it’s a temporary dark cloud challenging me to find an alternate means to light the path. Loss is a void and voids can be filled.

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).

 · Does that mean anything? By Paola. a matter of shouting the words “I DECLARE BANKRUPTCY” into the void. It sounds right, but it’s a long way.

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In Yvanova, the Supreme Court did not rule on the critical issue of whether the assignment of a note to a New York securitized trust after the trust’s closing date was void or instead, merely voidable, leaving that issue for the lower court to resolve.

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In "Yvanova," the Court held a borrower had standing to allege that an assignment of the promissory note and deed of trust to the foreclosing party is void, not voidable; yet it did not decide whether a post-closing date transfer into a New York securitized trust is void or voidable.

Yvanova v. New Century Mortgage corp. (2016) 62 cal.4th 919 (Yvanova), which altered the legal landscape to some extent. Although declining to decide some important and vexing questions in this area, the court held that a borrower could base a cause of action for wrongful foreclosure on a void (but not voidable) trustee’s sale.

ruling in Yvanova v. New Century Mortgage. In or about January 2005, Plaintiff entered into a purchase money mortgage loan with Wells for $329,855.00 which was evidenced by a Note and was secured by a Deed of Trust on the Subject Property.. Welling further stated that while a decision was about three to five weeks away, it looked "good.

The Assignment Is Your Case 1 Show Me the Note – California Supreme Court Update – Yvanova v. New Century Mortgage. The Yvanova decision is a watershed moment, and opens the floodgates for borrowers to challenge foreclosures based on the foreclosing bank (or its agents) not having the power to foreclose because they do not hold the paper giving them the right to do so. In past posts, I called this the "show me the note" foreclosure defense.