It’s about to get more complicated. “Is that your signature on the Note?” What’s the best way to answer?
As reported in our blog article below, in June the Second District Court of Appeal held that California’s non-judicial foreclosure statutes do not grant a defaulting borrower the right to enjoin a foreclosure sale by alleging that the lender lacks standing. (Keshtgar v. U.S. Bank, N.A. (2014) 226 Cal.App.4th 1201.)
The California Supreme Court recently granted review of the Keshtgar decision and deferred briefing until resolution of a related matter entitled Yvanova v. New Century Mortgage Corp.
The court has also granted review of Mendoza v. JPMorgan Chase Bankand deferred briefing until resolution of Yvanova.
The grant of review in Yvanova is limited to a single issue: “In an action for wrongful foreclosure on a deed of trust securing a home loan, does the borrower have standing to challenge an assignment of the note and deed of trust on the basis of defects allegedly rendering the assignment void?”
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You have all seen the brochure that US Bank has about “The role of the trustee” and the first paragraph they say who is involved in the MBS transaction?The borrower in number 1 position,originator,servicer,trustee.So come on then,now they flip flop to “well if your delinquent you no longer count,or whats next?You cant get these people to even deal with you if your not delinquent,its all sooooooo depressing.
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