Saterbak Dissected – By Californians for Justice

Brown

But not all Courts of Appeal have agreed with that Saterbak approach.

In Brown v. Deutsche Bank National Trust Co., the court acknowledged some decisions — like Saterbak — holding that borrowers cannot bring “preemptive” attacks on the assignment of a deed of trust before a foreclosure sale.  But, the court observed, the reasoning in Yvanova “raises the distinct possibility that our state Supreme Court would conclude that borrowers have a sufficient injury, even if less severe, to confer standing to bring similar allegations before the sale.”

Ultimately, the court held that it did not need to decide that issue, because the appeal could be resolved on other grounds.

The Brown opinion was covered on Money and Dirt here: The Simplest Way to Defeat Claims Alleging an Invalid Assignment of a Deed of Trust: Judicially Noticeable Documents.

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