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.
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The Yvanova ruling puts to rest the prior assumption by most California courts that a homeowner lacks standing to challenge a void assignment. This decision has the potential to open the litigation floodgates by borrowers who were improperly foreclosed on due to fraudulent or improper assignments.
Calif. Mortgage Industry Must Clean Up Its Documentation. The specific legal challenge raised by the borrower in Yvanova involved an alleged void assignment of the mortgage into an investor.
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It also serves as a safeguard against the industry being exclusively operated by those with wealth and the means to establish. The Yvanova Supreme Court decision being one of those. This is called due process at work. The right to due process does not mean that one will always win, but it does mean that one will get a fair consideration.
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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.
(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.
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