Developments of Interest

New Cases of Interest - July 7, 2016

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07/07/2016

Sciarratta v. U.S. Bank National Assn. (2016) 247 Cal.App.4th 552.  This is another in series of cases dealing with an assignment of a deed of trust and a subsequent foreclosure.  In this case the homeowner alleged that the foreclosing bank didn't have an interest in either the underlying debt or the subject property as the bank that had assigned its interest to the foreclosing bank had previously already assigned all of its beneficial interest in the note and deed of trust to a third bank.  The court of appeal found that the homeowner had standing to assert a claim that the nonjudicial foreclosure was wrongful because the assignment of a beneficial interest in the deed of trust being foreclosed was void.  A homeowner who is being foreclosed upon by one with no right to do so on those facts alone sustains prejudice or harm sufficient to have standing to bring a cause of action for wrongful foreclosure.  The void assignment was a proximate cause of the alleged injury and that was all that was necessary to satisfy the element of prejudice or harm in bringing a wrongful foreclosure cause of action.   

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