Court Of Appeal Affirms Dismissal Of Action Against Numerous Financial Institutions Alleging Mortgage And Deed Of Trust On Residence Were Improperly Sold At Foreclosure

Pro Se Plaintiff Yvanova sued a number of financial institutions after her residence was nonjudicially foreclosed alleging one cause of action to quiet title to her residence in herself.  Among other things, Plaintiff alleged that her loan was improperly transferred into a pool of mortgage backed securities.  The trial court sustained the demurrer of the financial institutions on the grounds that Plaintiff could not quiet title in herself because she had failed to discharge the debt or tender the amount she owed. (Yvanova v. New Century Mortgage Corporation (April 25, 2014, NO. B247188) ___ Cal. App. 4th ___­­, 2014 Daily Journal D.A.R. 6405).

On appeal, the appellate court invited the litigants to discuss whether the Plaintiff should be granted leave to amend her complaint to allege a wrongful foreclosure cause of action.  After additional briefing, the appellate court found that amendment of Plaintiff's complaint would be futile because Plaintiff had no standing to challenge the defendant's claim to title to the residence.  The appellate court stated, "Plaintiff would not be a victim of such invalid transfers because her obligations under the note remained unchanged. . . plaintiff may not assume the theoretical claims of hypothetical transferors and transferees to assert causes of action for declaratory relief or wrongful foreclosure."

 

Topics:  Action to Quiet Title, Deed of Trust, Dismissals, Foreclosure, Mortgages

Published In: Civil Procedure Updates, Finance & Banking Updates, Residential Real Estate Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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