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Good News - TRO Against Pre-foreclosure Issued in Federal Court - ND CA Based on YVANOVA Citing LUNDY

July 13, 2016

KEY HOLDING BELOW:

"On its face, the holding in Yvanova is limited to post-foreclosure claims. There is at least an argument, however, that its reasoning is equally applicable to pre-foreclosure claims. See Lundy v. Selene Fin., LP, No., 2016 WL 1059423, at *10 (N.D. Cal. Mar. 17, 2016, predicting that California Supreme Court will extend Yvanova to the pre-foreclosure context).

Even assuming claims challenging alleged securitization defects may no longer be routinely rejected for lack of standing, borrowers will not automatically be entitled to relief merely be alleging that their loans were "securitized," of course. Under all the circumstances here, though, including the de minimis harm to defendants that will arise from a brief postponement of the foreclosure sale, there is adequate cause to grant a temporary restraining order, without bond, and set a hearing on preliminary injunction, to permit full briefing and due consideration of the claims and defenses.

Accordingly, it is hereby ordered:

Defendants are enjoined from proceeding with the trustee's sale of the real property commonly known as 2911 Sorrento Way, Union City, CA 94587, pending further order of court"

NOTE: District Judge set a preliminary injunction hearing. Judge hints at what homeowner needs to allege in petition for preliminary injunction; i.e. he/she must allege MORE THAN JUST "loan was securitized" homeowner must allege FULL FACTUAL DETAILS and cite CASES supporting their theory of how they have STANDING for pre-foreclosure claims. THIS IS THE CASE WHERE MORE IS BETTER THAN LESS as to allegations & arguments. Judge STATED THAT REALITY in his holding above!

Download Entire Decision (PDF)

 

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Nancy Duffy McCarron, CBN 164780
Attorney, Real Estate Broker, BBB Arbitrator, CA Notary Public
Certified Forensic Loan Auditor, Property Manager

 

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CFLA was founded by the Nation's Leading Foreclosure Defense Attorneys back in 2007 to serve the Foreclosure Defense Industry and fight pervasive Bank Fraud. Since opening our virtual doors, CFLA has rapidly expanded to become the premier online legal destination for small businesses and consumers. But as the company continues to grow, we're careful to hold true to our original vision. For us, putting the law within reach of millions of people is more than just a novel idea—it's the founding principle, just ask Andrew P. Lehman, J.D.. With convenient locations in Houston and Los Angeles, you can contact Our National Account Specialist and General Manager / Member Damion W. Emholtz at 888-758-2352 for a free Mortgage Fraud Analysis or to obtain samples of work product, including cutting edge Bloomberg Securitization Audits, Litigation Support, Quiet Title Packages, and for more information about our Nationally Accredited and U.S. Department of Education Approved "Mortgage Securitization Analyst Training Certification" Classes (3 days) 24 hours for approved CLE & MCLE Credit (Now Available Online).

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