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Into the void: What the decision in Yvanova means The California Supreme Court leaves much unresolved in case
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It also serves as a safeguard against the industry being exclusively operated by those with wealth and the means to establish. 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.
Into the void: What the decision in Yvanova means Show Me the Note – California Supreme Court Update – Yvanova v. New Century Mortgage. 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.
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Cal. Supremes Opine Yvanova May Sue on Void Assignment. The court made the point that a borrower needs such a protection in a non-judicial foreclosure. Otherwise, anybody could order a foreclosure and force a sale of the property for borrowers NOT in default.
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– 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. 2018 Women of Influence: Beckie Santos Foreign affairs could stall housing reform How Tax Reform Could Hasten Housing-Finance Reform.
In 2012 Yvanova challenged the foreclosure and public auction of her Woodland Hills, Calif., home, alleging there was a four-year break in the chain of title, essentially making it void. Yvanova in 2006 took out a loan for $483,000 from Irvine, Calif.-based New.
The Yvanova ruling puts to rest the prior assumption by most California courts that a homeowner lacks standing to challenge a void assignment. This decision has the potential to open the litigation floodgates by borrowers who were improperly foreclosed on due to fraudulent or improper assignments.