Why Void Assignments are Void Not Voidable

Livinglies's Weblog

RATIFICATION OF VOID ASSIGNMENTS IS IMPOSSIBLE AND ABSURD

In the wake of the California Supreme Court’s decision in Yvanova and its progeny, the legal community has accepted the unacceptable (and the ridiculous). The bottom line of the decision is that a void assignment can be the basis for a lawsuit for wrongful foreclosure but it cannot be the basis of a defense to the foreclosure itself.  Thus you can sue for the illegal and fraudulent use of a fabricated instrument reciting a transfer of ownership of a note and/or mortgage, but you can’t stop the illegal foreclosure which is based on the same fraudulent instruments.

In order to reach this conclusion the court was required to twist legal reasoning beyond common sense logic. The court held that a void assignment could be ratified; and since it could be ratified, the assignment was not void but voidable. Somehow the court also…

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