Glaski v. Bank of America
Glaski v. Bank of Am., 218 Cal. App. 4th 1079 (2013)
- Court
- Court of Appeal of California, Fifth Appellate District
- Decided
- 2013-07-31
- Docket
- F064556
What happened
Mr. Glaski alleged his loan was transferred into a securitized trust after the trust's closing date, so the transfer was void and the trust could not foreclose.
What the court decided
The California Court of Appeal held a borrower may challenge a void assignment and allowed the wrongful-foreclosure claim to go forward.
In the court's words
“borrowers have standing to challenge void assignments of their loans”
Why it may matter to you
An early homeowner win on securitization arguments, often cited alongside Yvanova.
Why it might not apply
Many courts rejected its view that late transfers are void (as opposed to voidable); Yvanova expressly declined to decide that point. Treat with caution.
Most useful when
- Your loan was transferred into a securitized trust after its closing date
How to cite it
The full citation for the first time you mention it, a short form for later, and a sample sentence you can adapt.
Glaski v. Bank of Am., 218 Cal. App. 4th 1079 (2013)Short formGlaski, 218 Cal. App. 4th 1079Draft — check it with free legal aid before you file or say it in court.
In Glaski v. Bank of Am., 218 Cal. App. 4th 1079 (2013), the court held that a borrower may challenge an assignment of the loan that is void, including a late transfer into a securitized trust. Here, [say in one sentence what happened in your case]
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