Does a borrower have standing to challenge the assignment or securitization of their loan?

California, United States of America


The following excerpt is from Delgado v. Bank of Am., N.A., E061033 (Cal. App. 2015):

Here, plaintiffs were in default, and they do not allege that the assignment or securitization of their loan changed their payment obligations in any way. They also do not allege the kind of harm that an assignment could conceivably cause, such as lost payments, miscalculation of debt, or default issued in error. "Absent any prejudice, [the plaintiffs] have no standing to complain about any alleged lack of authority [to initiate foreclosure proceedings]." (Siliga v. Mortgage Electronic Registration Systems, Inc., supra, 219 Cal.App.4th at p. 85.)

Page 11

Other Questions


Does a borrower have standing to contest the assignment of a loan to a securitized trust? (California, United States of America)
Does a borrower in default on a loan have standing to attack a purportedly void assignment of a note or deed of trust to which it is not a party? (California, United States of America)
Does Section 170.6, subdivision (2) of the Peremptory Challenge Act require counsel to disclose the identity of the assigned judge to counsel before counsel for the moving party learns that the assigning judge has been identified? (California, United States of America)
When a cause is assigned from the master calendar, can the judge supervising the assignment be challenged at the earliest reasonable opportunity? (California, United States of America)
Can a borrower challenge a nonjudicial foreclosure based on allegations that the borrower has been defrauded by the Bank of America? (California, United States of America)
In what circumstances will a bank be considered a "silent lender" in its dealings with a borrower during loan modification negotiations? (California, United States of America)
What is the current standard for a defendant to demonstrate prejudice after properly preserving a claim that the defense used peremptory challenges to cure the erroneous denial of one or more for-cause challenges? (California, United States of America)
Is a judge assigned to pass upon a disqualification notice required to counsel counsel of the assigned or agreed upon judge? (California, United States of America)
Is a defendant's sentence challenge based on Penal Code section 654 a challenge that affects the validity of his no contest pleas? (California, United States of America)
Is it detrimental to petitioners to peremptory challenge to the judge assigned to assess a petition for writ of habeas corpus? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.