Document Type

Article

Publication Date

5-2016

Keywords

Yvanova v New Century Mortgage Corp., Mortgage, Nonjudicial foreclosure

Disciplines

Banking and Finance Law

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.

Comments

This article predates the author's affiliation with Cornell Law School.

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