Legal Opinion
Sciarratta v. U.S. Bank National Ass'n
California Court of Appeal
Decided May 18, 2016No. D069439PublishedCited by 43 opinions
1Opinion of the Court
Opinion
NARES, J.
This is an action for wrongful foreclosure. The homeowner, Monica Sciarratta, alleges that as a result of a void assignment of her promissory note and deed of trust, the entity that conducted a nonjudicial foreclosure sale on her home had no interest in either the underlying debt or the subject property. In Yvanova v. New Century Mortgage Corp. (2016) 62 Cal.4th 919 [199 Cal.Rptr.3d 66, 365 P.3d 845] (Yvanova), the California Supreme Court held that in a case such as this—where a homeowner alleges a nonjudicial foreclosure sale was wrongful because of a void assignment— the…
2Cases cited21 opinions
- Aubry v. Tri-City Hospital DistrictCalifornia Supreme Court · 1992
- Yvanova v. New Century Mortgage Corp.California Supreme Court · 2016
- Miklosy v. Regents of the University of CaliforniaCalifornia Supreme Court · 2008
- Culhane v. Aurora Loan Services of NebrasCourt of Appeals for the First Circuit · 2013
- Lueras v. BAC Home Loans Servicing, LPCalifornia Court of Appeal · 2013
16 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Mendoza v. JPMorgan Chase Bank, N.A.California Court of Appeal · 2016
- Turner v. Seterus, Inc., California Court of Appeal, 5th District2018
- Lucioni v. Bank of America, N.A.California Court of Appeal · 2016
- Kalnoki v. First American Trustee Servicing Solutions, LLCCalifornia Court of Appeal · 2017
- Hacker v. Homeward Residential, Inc., California Court of Appeal, 5th District2018
38 more not listed; retrieve them via the Exa API.