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Mortgages › Void Contracts

The term "mortgage" typically refers to a mortgage loan.  A mortgage loan is a financing instrument where an individual or business borrows money to purchase property (usually real property) and... more +
The term "mortgage" typically refers to a mortgage loan.  A mortgage loan is a financing instrument where an individual or business borrows money to purchase property (usually real property) and uses that property as collateral for the loan. less -
Patton Sullivan Brodehl LLP

The Difference Between a “Voidable” and “Void” Assignment of a Deed of Trust, and Why It Matters

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For nearly three years, one of the rapidly developing areas of California foreclosure law has focused on whether a borrower has “standing” to challenge a wrongful foreclosure based on defective assignments of the note or deed...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Opens Door For Wrongful Foreclosure Lawsuits and Challenges to Transfers of Mortgages: Practical...

Sheppard Mullin Richter & Hampton LLP on

In Yvanova v. New Century Mortgage Corporation et al, the Supreme Court of California reversed the Court of Appeal’s ruling, and held that a borrower plaintiff who has been subject to a nonjudicial foreclosure has standing to...more

Locke Lord LLP

California Supreme Court Finds Borrowers Have Standing To Challenge “Void” Assignment Of Loan After Foreclosure Sale

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On February 18, 2016, the California Supreme Court issued its eagerly anticipated decision inYvanova v. New Century Mortgage Corporation, et al., Case No. S218973, finding that a borrower has standing to state a claim for...more

Orrick, Herrington & Sutcliffe LLP

Should Underwater Junior Liens Survive Bankruptcy?

Orrick, Herrington & Sutcliffe LLP on

On March 24th, the Supreme Court heard oral argument on the consolidated appeals of two decisions from the Eleventh Circuit Court of Appeals, Bank of America v. Caulkett and Bank of America v. Toledo-Cardona. The appeals...more

Locke Lord LLP

Locke Lord QuickStudy: Illinois Appellate Court Clarifies Dina, Holds Void Mortgages Do Not Equal Void Judgments

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In JPMorgan Chase, N.A. v. Ontiveros, 2015 IL App (2d) 140145-U, the Illinois Appellate Court for the Second District recently clarified the difference between a void contract and a void judgment, thereby limiting the...more

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