– 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.
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The Yvanova Decision. The california supreme court’s decision on Yvanova v. New Century Mortgage Corporation, essentially states that borrowers do in fact have the right to challenge a foreclosure on the grounds of an invalid assignment. This case is a major shift from the court’s previous viewpoint on the issue,
Decided: February 18, 2016. Plaintiff has alleged that her deed of trust was assigned to the Morgan Stanley investment trust in December 2011, several years after both the securitized trust’s closing date and New Century’s liquidation in bankruptcy, a defect plaintiff claims renders the assignment void.
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(Yvanova, supra, 62 Cal.4th at pp. 942-943.) "Unlike a voidable transaction, a void one cannot be ratified or validated by the parties to it even if they so desire." (Id. at p. 936.) Yvanova expressly offers no opinion as to whether, under New York law, an untimely assignment to a securitized trust made after the trust’s closing date is.
– 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.
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Nor does our conclusion condemn complaints about districting to echo into a void,” Chief Justice John Roberts wrote. The Supreme Court’s ruling “is a huge decision” in a country with a long history.
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