From your lips to his honor’s ears!!!
The Yvanova string of cases in California are based upon some vague notion of whether a void assignment (e.g., past the cutoff date) could be ratified by the trust, trustee or trust beneficiaries.
Firstly, the trust can only operate through a trustee. That is black letter law in every state. In REMIC Trusts the Trustee has no such power. If the Trustee attempted to do so it would not only be void, in accordance with the New York law allowing the creation of common law trusts, it would also be against the interests of the beneficiaries and for the interests of the Trustee, a claim that has been levied against U.S. Bank for example on multiple occasions.
Further, no trust exists under the laws of any state in which no assets are entrusted to the Trustee who is an active manager of actual assets. Since that description is accurate…
View original post 244 more words