Into the void: What the decision in Yvanova means

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Ultimately, the TCPA remains in chaos while the industry waits for the FCC to step into the void. on the definition of an automatic telephone dialing system, or ATDS – the key equipment on which.

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Decided: February 18, 2016. Plaintiff has alleged that her deed of trust was assigned to the Morgan Stanley investment trust in December 2011, several years after both the securitized trust’s closing date and New Century’s liquidation in bankruptcy, a defect plaintiff claims renders the assignment void.

On the other hand, if the assignment is totally "void" – meaning that it was never enforceable and was always totally without effect – then the homeowner/borrower is entitled to challenge the assignment, and challenge any later foreclosure by the void assignee. The Yvanova decision allowed the plaintiff in that case – and others who are similarly situated – to overcome one of the major arguments promoted by foreclosure agents against attempts to reverse foreclosures.

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Yvanova & Pre-foreclosure Lawsuits – The court was clear in saying that this decision could not be used in pre-foreclosure cases in an effort to prevent a foreclosure from happening. The court only ruled that borrowers have standing to bring this argument in a wrongful foreclosure lawsuit, which means the borrower has already lost his or her house.

(Yvanova, supra, 62 Cal.4th at pp. 942-943.) "Unlike a voidable transaction, a void one cannot be ratified or validated by the parties to it even if they so desire." (Id. at p. 936.) Yvanova expressly offers no opinion as to whether, under New York law, an untimely assignment to a securitized trust made after the trust’s closing date is.

What is a mortgage assignment? That means that even if a company’s employees based at a headquarters. Using analysis from existing family leave data, an.

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Definition of void in the Definitions.net dictionary. Meaning of void. What does void mean? Information and translations of void in the most comprehensive dictionary definitions resource on the web.