Yvanova v. New Century Mortgage Corp.
62 Cal.4th 919 (2016) — California Supreme Court (2016)
Facts of the Case
Tsvetana Yvanova defaulted on her mortgage. The original lender, New Century Mortgage, went bankrupt in 2007. In 2011, New Century (through its bankruptcy trustee) executed an Assignment of Mortgage to the foreclosing entity. Yvanova challenged the Assignment, arguing it was void because New Century's assets (including her loan) had been sold in bankruptcy, so New Century had nothing to assign. The trial court dismissed, holding Yvanova lacked standing to challenge an assignment to which she was not a party.
Legal Issue
Does a borrower have standing to challenge a mortgage assignment as VOID (not merely voidable), and is an assignment by an entity that no longer owns the loan void?
Court Holding
The California Supreme Court held that a borrower HAS STANDING to challenge a mortgage assignment as VOID, but NOT as merely voidable. The Court did not reach the merits — it only decided the standing question. The distinction: void assignments (legal nullities) can be challenged by anyone affected; voidable assignments (procedurally defective but capable of ratification) can only be challenged by the parties to the assignment. Yvanova affirmed the Glaski void/voidable distinction and the borrower's standing to challenge void assignments.
Why This Case Matters
Yvanova is the California Supreme Court's definitive statement on borrower standing to challenge mortgage assignments. It endorses the void/voidable distinction from Glaski and confirms that borrowers affected by a void assignment — the party foreclosing on them — have standing to challenge it. Yvanova resolved the California appellate split and gave borrowers a clear path: prove the Assignment is VOID and you have standing.
Impact on Homeowners
After Yvanova, a borrower can challenge a void assignment even in non-judicial foreclosure. To succeed: plead with specificity why the assignment is VOID (not just 'I think it's defective'), prove the assignor had no interest to assign (entity was dissolved, loan was previously sold, signer had no authority). Conclusory claims of 'void assignment' are insufficient — specific factual allegations supported by evidence are required.
Related Resources
Defense Doctrines
Court Procedures
Related Documents
Frequently Asked Questions
What makes an assignment void vs. voidable?▼
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