Does a borrower have standing to contest the assignment of a loan to a securitized trust?

California, United States of America


The following excerpt is from Watland v. Ocwen Loan Servicing, LLC, A139562 (Cal. App. 2016):

In Glaski v. Bank of America (2013) 218 Cal.App.4th 1079 (Glaski), the borrower alleged that a foreclosure sale was wrongful because the transfer of his loan to a securitized trust occurred after the trust's closing date. (Id. at pp. 1093-1095.) The court held that the borrower had standing to contest the assignment to the trust, concluding an untimely assignment would render it void (rather than voidable) under New York law, under which the investment trust was formed. (Id. at pp. 1094-1098.)

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