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VOLUME 11 | NUMBER 6 | JUNE 2016
 
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IN THIS ISSUE
 
Introductory Comment
>
Recent Cases
>
 
Real Property Executive Committee:

SECTION OFFICERS

Chair
Susan J. Booth

First Vice Chair
Caroline Dreyfus

Second Vice Chair
Claire Hervey-Collins

Treasurer
Eric Altoon

Secretary
Misty Sanford  

Immediate Past Chair
Brant Dveirn  

Barristers Liaison
Christopher Bordenave

Section Administrator
Fatima Jones

 

EXECUTIVE COMMITTEE MEMBERS

Nedra E. Austin
Janna Boelke
James Earle
George Fatheree
Robert T. Flick
Daniel L. Goodkin
Owen P. Gross
Marybeth Heydt
Teresa Y. Hillery
Ben Howell
Laurence L. Hummer
Trudi Lesser
Kyle B. Marks
Beth Peterson
Linda E. Spiegel
Kelsey M. Thayer
Loretta Thompson
Seth Weissman

 

EMERITUS MEMBERS

Michael Bayard
Norm Chernin
Peter Gelles
Byron Hayes
Gordon Hunt
Bryan Jackson
Michael Klein
Mark Lamken
Gregg Loubier
Victor Marmon
O'Malley Miller
Donald Nanney
Gytis Nefas
James Richman
Ronald Silverman
Sarah Spyksma
Theresa Tate
Timothy Truax
Richard Volpert
Ira Waldman,
Pamela Westhoff
Norma Williams
Paula Reddish Zinneman

 
SUBSECTION CHAIRS

Commercial Development and Leasing
Marcia Gordon
Construction Law
Donna Kirkner
Finance
Jane Hinton
General Real Property
Rachel Sanders
Land Use Planning & Environmental Law
Brandon Ward
Title Insurance
Zi Lin

 

 
Introductory Comment

Our 18th Annual Real Property Installation & Awards Dinner was a great success! Those who have made outstanding contributions to our industry were honored by colleagues, friends, and family members. The night was also a time of passing the torch. Congratulations to Incoming Chair, Susan J. Booth, and the Officers for 2016-2017. Many thanks to Brant Dveirin and the 2015-2016 Officers for their superb leadership.

Here are a few pictures for your delight. There will be more pictures for your enjoyment in next month's newsletter. Link to pictures

Sincerely,
Teresa Y. Hillery
Editor, Real Property Section Newsletter
E-mail address: Teresa.Hillery@fnf.com

 


 
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Recent Cases
 
-Wrongful Foreclosure-

Recently, Yvanova v. New Century Mortgage Corp. (2016) 62 Cal.4th 919, has sparked much discussion. In that case, the California Supreme Court held that in a case where a homeowner alleges a nonjudicial foreclosure sale was wrongful because of a void assignment, the homeowner has standing to sue for wrongful foreclosure. However, Yvanova v. New Century Mortgage Corp., did not address the elements of the wrongful foreclosure tort. The case below addresses the question of prejudice.

"A homeowner who has been foreclosed on by one with no right to do so—by those facts alone—sustains prejudice or harm sufficient to constitute a cause of action for wrongful foreclosure. When a non-debtholder forecloses, a homeowner is harmed by losing her home to an entity with no legal right to take it. Therefore, under those circumstances, the void assignment is the proximate cause of actual injury and all that is required to be alleged to satisfy the element of prejudice or harm in a wrongful foreclosure cause of action."

Sciarratta v. U.S. Bank National Association - filed May 18, 2016, Fourth District, Div. One
Cite as 2016 S.O.S. 2459
Full text click here > 

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