Does the void assignment of a trust deed allow a foreclosed owner to challenge the foreclosure?
A California court of appeals further clarifies the Yvanova standard for challenging a foreclosure as wrongful.
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Tag: assignment
Can a defaulting homeowner preempt foreclosure by challenging the assignment of a trust deed?
A California court of appeals distinguishes between pre-foreclosure and wrongful foreclosure actions with commentary on void and voidable assignments.
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Supreme Court decision opens doors for wrongful foreclosure suits
A recent decision made by the California Supreme Court may set a precedent for future wrongful foreclosure suits.
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Do procedural defects in the assignment of a trust deed allow a foreclosed owner to challenge its assignment?
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.
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Are mortgage holders monetarily liable for failure to notify a borrower of their mortgage transfer when the transfer occurred prior to the implementation of a notification requirement?
A mortgage holder transfers a borrower’s mortgage to a successor mortgage holder. Neither mortgage holder notifies the borrower of the transfer.
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Escrowing a note and trust deed assignment
Part II of this article series discusses the escrowing the assignment of a trust deed note. For...
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