9th Circuit Uses Yvanova Reversing Trial Court

It seems obvious that if a complete stranger to the transaction (see the wording from the San Francisco study), is attempting to enforce a debt or seek a foreclosure, they should have no rights at all. And if a party accepts a modification application, they are making several representations about their authority and what they will do with the application. But the courts have resisted all such notions until very recently.

THE FOLLOWING ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.

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see 9th Circuit Quotes Yvanova13-17297

This is the stuff that  makes lay people crazy.

Plaintiff Newman filed a lawsuit in California to stop a foreclosure claiming BONY didn’t have the right to foreclose. The trial court dismissed his case because he supposedly didn’t have standing to raise that issue. Then he filed an appeal. During his appeal, the Yvanova decision was released.

So the 9th Federal Circuit applied Yvanova to the pending appeal and reversed the trial court, adding that there could be an action, as Newman had brought, to hold parties responsible for handling of a modification request. That should be a no-brainer but the courts keep getting twisted up in the idea that the banks need to be protected when it is the homeowners who need protection.

Of course for good measure the decision is announced as not to be used for precedent — but it is difficult to see how it could not be precedent.

The bottom line, I think, is that the Courts are very reluctantly coming around to the view that they will allow those actions or defenses that they must allow while they allow wide latitude to pretender lenders. It’s another step toward equality under the law but we are a still quite some distance to a level playing field.

It seems obvious that if a complete stranger to the transaction (see the wording from the San Francisco study), is attempting to enforce a debt or seek a foreclosure, they should have no rights at all. And if a party accepts a modification application, they are making several representations about their authority and what they will do with the application. But the courts have resisted all such notions until very recently.

The trend over the last decade is giving rise to a new fraudulent industry. Posing as the creditor and even suing upon the debt is cloaked in presumptions that the fabricated documents are true, putting the burden on the average citizen to disprove a nonexistent fact. And accepting a modification application as part of a larger scheme to force the homeowner into foreclosure was and might still be OK, because servicers supposedly are under no duty to do anything — not withstanding Dodd Frank and other statutes and regulations.

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