Tuesday, August 21, 2018
Hacker v. Homeward Residential, Inc.
Cal.App. 2nd Dist. (B278537) 8/16/18
The court held that plaintiff stated a cause of action for wrongful foreclosure where the lender foreclosed on a note and deed of trust that it obtained by assignment, where the loan had previously been assigned to a different assignee. The court distinguished this situation from the case where an assignment to a securitized trust after the trust's "closing date" is voidable by the lender and assignee, not void, so the trustor does not have standing to challenge the assignment. In contrast, a foreclosure by a party that never possessed legal title to the deed of trust is void.