<![CDATA[Stephen F. Lopez Esq. APC - Recent Cases of Importance]]>Sun, 24 Sep 2017 15:45:15 -0700Weebly<![CDATA[Foreclosure law]]>Wed, 05 Nov 2014 23:11:21 GMThttp://sflopesq.com/1/post/2014/11/foreclosure-law.htmlThe Second District Court of Appeal struck another blow for homeowners recently in Kan v. Guild Mortgage Co., No. B254007, 2014 WL 5192710 (Cal. Ct. App. Sept. 25, 2014), as modified (Oct. 15, 2014)The Court held that there is no legal basis to a challenge to a non judicial foreclosure in court before the foreclosure sale occurs.  The Court also saw fit to comment on Glaski v. Bank of Am., Nat'l Ass'n, 218 Cal. App. 4th 1079 (2013), reh'g denied (Aug. 29, 2013)  which concerns the right to challenge an assignment to a securitized REMIC trust post foreclosure, suggesting the Second District if faced directly with the issue in Galski would agree with those court that have found it to be incorrect in its ruling.  Note that the California Supreme Court has agreed to review the issue of standing to challenge an assignment in Yvanova v. New Century Mortgage Corp., 226 Cal. App. 4th 495 review granted and opinion superseded sub nom. Yvanova v. New Century Mortgage Corp., 331 P.3d 1275 (Cal. 2014) and Keshtgar v. U.S. Bank, N.A., 226 Cal. App. 4th 1201, as modified on denial of reh'g (June 30, 2014), opinion modified on denial of reh'g, (Cal. Ct. App. June 30, 2014) and review granted and opinion superseded sub nom. Keshtgar v. U.S. Bank, 334 P.3d 686 (Cal. 2014).