TABLE OF CONTENTS
Page I. INTRODUCTION 5
II. ARGUMENT 5
A. No document establishes that the Yvanova Note or Deed 5 of Trust was properly transferred to the Morgan 2007-HE 1
(i) The December 2011 assignment by itself creates a 6 disputed issue of fact.
(ii) The PSA does not establish as a matter of law when 8 Yvanova’s loan was transferred.
(iii) The December 2011 assignment is not authorized by the 11 PSA.
(iv) The December 2011 assignment did not transfer the 13 promissory note.
(v) The December 2011 assignment did not transfer anything 14 because New Century had nothing to transfer.
B. Yvanova has alleged a void assignment. 14
C. New York law is irrelevant. 16
D. By alleging she lost her home to a party that had no power 18 to foreclose, Yvanova has alleged injury and thus standing.
E. Yvanova did not waive any claim by agreeing to a loan 20 modification.
F. Yvanova should be given leave to amend her Second 20 Amended Complaint to state a claim for wrongful foreclosure.
TABLE OF AUTHORITIES
Carpenter v. Longan, 83 U.S. 271 (1873)
City of Stockton v. Superior Court, 42 Cal.4th 730 (2007)
Connerly v. State of California, 229 Cal.App.4th 457 (2014)
Culhane v. Aurora Loan Services of Nebraska,
708 F.3d 282 (1st Cir. 2013)
Evans v. City of Berkeley, 38 Cal.4th 1, 5 (2006)
Rajamin v. Deutsche Bank National Trust Co.,
757 F.3d 79 (2nd Cir. 2014)
Sciarratta v. US Bank, N.A., 2016 Cal. App. LEXIS 399 (Cal. Ct. App. May 18, 2016)
Wilson v. HSBC Mortgage Services, Inc., 744 F.3d 1 (1st Cir. 2014) Yvanova v. New Century Mortgage Corp., 62 Cal.4th 919 (2016)
Code of Civil Procedure section 472c
Filed under: foreclosure