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 similarly situated – to overcome one of the major arguments promoted by.
void. The distinction between a void assignment and one that is merely voidable dominated most of the Court’s analysis. A void contract is without legal effect, and no action taken by a party can validate it. No contract is even created. In contrast, a party to a voidable contract has the discretion to take
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Into the void: What the decision in Yvanova means WRONGFUL FORCLOSURE IN CALIFORNIA: AWARD IS TREBLE. – A VOID assignment puts the debt collector into the position of violating the FDCPA and US Mail Fraud Statutes by using deceptive means to collect.
Yvanova’s position has always [*15] been that the assignment made the deed of trust void. The New York trust law Glaski relied upon does not support this contention. New York Trust Law states that even if there is an act in violation of a trust agreement, the result is voidable, but not void.
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Here are the top 5 marketing risks for mortgage loan officers Into the void: What the decision in Yvanova means New Ruling Allows Borrowers To Challenge Wrongful. – New Ruling Allows Borrowers To Challenge wrongful foreclosures posted on: February 16, 2016 By: christopher brown, Esq.
The yvanova supreme court decision being one of those. This is called due process at work. The right to due process does not mean that one will always win, but it does mean that one will get a fair consideration.
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Borrower Has Standing To Challenge Foreclosure Sale Based on Late Assignment of Deed of Trust, Calif.. lack standing to challenge an assignment of the deed of trust as void.'' Yvanova was decided at the pleading stage.. in any form or by any means, including electronic, mechanical, photocopying,
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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.