California Supreme Court Rules Homeowners Have Right To Challenge Fraudulent Foreclosure Cases

Welcome to the LoanSafe Forums!
Get free mortgage help today. Since 2007, the LoanSafe forums have helped millions of homeowners over the last 13 years either save their homes with a loan modification, obtain a short sale, forbearance, or walk away legally from their underwater mortgages.
Register for FREE

Moe Bedard

Call 1-800-779-4547
Staff member
Loan Safe Mortgage
Aug 10, 2007
26,854
467
1,000
49
Southern California
www.loansafe.org
In the case below of Yvanova V. New Century Mortgage, the California Supreme Court ruled, “A homeowner who has been foreclosed on by one with no right to do so has suffered an injurious invasion of his or her legal rights at the foreclosing entity’s hands.”

“A deed of trust may thus be assigned one or multiple times over the life of the loan it secures. But if the borrower defaults on the loan, only the current beneficiary may direct the trustee to undertake the nonjudicial foreclosure process.

Only the true owner or beneficial holder of a Deed of Trust can bring to completion a nonjudicial foreclosure under California law.

( Barrionuevo v. Chase Bank, N.A. (N.D.Cal. 2012) 885 F.Supp.2d 964, 972; see Herrera v. Deutsche Bank National Trust Co. (2011) 196 Cal.App.4th 1366, 1378 [bank and reconveyance company failed to establish they were current beneficiary and trustee, respectively, and therefore failed to show they ―had authority to conduct the foreclosure sale]; cf.
U.S. Bank Nat. Assn. v. Ibanez (Mass. 2011) 941 N.E.2d 40, 51 [under Mass. law, only the original mortgagee or its assignee may conduct nonjudicial foreclosure sale].)

In itself, the principle that only the entity currently entitled to enforce a debt may foreclose on the mortgage or deed of trust securing that debt is not, or at least should not be, controversial. It is a ―straightforward application of well-established commercial and real-property law: a party cannot foreclose on a mortgage unless it is the mortgagee (or its agent).

Yvanova Descision CASC

Original Article Link: http://www.loansafe.org/homeowners-right-wrongful-foreclosure-cases
 

Sofaking

LoanSafe Member
Sep 6, 2016
5
1
1
53
Enough enough enough enough enough what is wrong with this world right now oh my goodness gracious we are letting these guys bend us over and no one is defending themselves it clearly States when you payoff your mortgage documents to be returned to you is the original note now if the original note is no longer available they had no right to foreclose in the first place so what is the problem?? This is a joke it has to be recorded in there in the local community records in the court house yes or no what is happening in this world we are letting these idiots take our houses what is going on here