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Sloppy, Sloppy, Sloppy: The State of the Mortgage Market
California Real Property Law Reporter (2016)
  • David J Reiss
Abstract
Much of the discussion about the recent California Supreme Court case Yvanova v New Century Mortgage Corp. (2016) 62 C4th 919  has focused on the scope of the Court’s narrow holding, “a borrower who has suffered a nonjudicial foreclosure [in California] does not lack standing to sue for wrongful foreclosure based on an allegedly void assignment merely because he or she was in default on the loan and was not a party to the challenged assignment.” 62 C4th at 924.This is an important question, no doubt, but I want to spend a little time contemplating the types of sloppy behavior at issue in the case and what consequences should result from that behavior.
Keywords
  • Yvanova,
  • California Supreme Court,
  • mortgage,
  • servicing,
  • foreclosure,
  • nonjudicial foreclosure,
  • assignment,
  • void,
  • voidable
Disciplines
Publication Date
May, 2016
Citation Information
David J Reiss. "Sloppy, Sloppy, Sloppy: The State of the Mortgage Market" California Real Property Law Reporter Vol. 39 Iss. 3 (2016) p. 60 - 61
Available at: http://works.bepress.com/david_reiss/87/
Creative Commons license
Creative Commons License
This work is licensed under a Creative Commons CC_BY-NC International License.