void vs. voidable | firsttuesday Journal

Is a lease agreement void when the term of the lease exceeds the rule against perpetuities?

by David Swistock | Jun 26, 2023 | Commercial, Laws and Regulations, Real Estate, Recent Case Decisions | 0

Tufeld Corp. v. Beverly Hills Gateway, L.P.

Does a mortgage holder’s purchase and assumption agreement include assets held by an unnamed subsidiary authorizing them to commence foreclosure?

by ft Editorial Staff | Aug 1, 2016 | Real Estate, Recent Case Decisions | 0

A homeowner attempts to preempt foreclosure by alleging the void assignment of the trust deed due to an improper purchase and assumption agreement.

Does the void assignment of a trust deed allow a foreclosed owner to challenge the foreclosure?

by ft Editorial Staff | Jul 18, 2016 | Real Estate, Recent Case Decisions | 0

A California court of appeals further clarifies the Yvanova standard for challenging a foreclosure as wrongful.

Can a defaulting homeowner preempt foreclosure by challenging the assignment of a trust deed?

by ft Editorial Staff | Apr 25, 2016 | Real Estate, Recent Case Decisions | 2

A California court of appeals distinguishes between pre-foreclosure and wrongful foreclosure actions with commentary on void and voidable assignments.

Do procedural defects in the assignment of a trust deed allow a foreclosed owner to challenge its assignment?

by ft Editorial Staff | Mar 28, 2016 | Real Estate, Recent Case Decisions | 1

The California Supreme court decides on the ability of homeowners to challenge the assignment of a trust deed in a wrongful foreclosure action. Details on the nature of a void and voidable assignment.