Yvanova v. New Century Mortgage Corp.
Yvanova v. New Century Mortg. Corp., 62 Cal. 4th 919 (2016)
- Court
- Supreme Court of California
- Decided
- 2016-02-18
- Docket
- S218973
What happened
After her home was sold, Tsvetana Yvanova sued for wrongful foreclosure, alleging the assignment to the foreclosing trust was void. Lower courts said she had no standing to challenge it.
What the court decided
The California Supreme Court held that a borrower may sue for wrongful foreclosure after the sale by alleging the assignment was void (not merely voidable), because only the true beneficiary or its agent may order a sale.
In the court's words
“only the original beneficiary of a deed of trust or its assignee or agent may direct the trustee to sell the property”
Why it may matter to you
It opened the courthouse door for homeowners to question who had the right to sell.
Why it might not apply
California law, and limited to post-sale suits with void (not voidable) assignments; the court did not decide whether this borrower would ultimately win.
Most useful when
- After a sale, you believe the assignment to the foreclosing party was void
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.
Yvanova v. New Century Mortg. Corp., 62 Cal. 4th 919 (2016)Short formYvanova, 62 Cal. 4th 919Draft — check it with free legal aid before you file or say it in court.
In Yvanova v. New Century Mortg. Corp., 62 Cal. 4th 919 (2016), the court held that a borrower may bring a post-sale wrongful-foreclosure claim by alleging that the assignment to the foreclosing party was void. Here, [say in one sentence what happened in your case]
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