Why Homeowners Should Be Allowed To Use a Writ of Mandamus Against a Foreclosure Judge Ruling Contrary to State Court Appellate Precedent

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Why Homeowners Should Be Allowed To Use a Writ of Mandamus Against a Foreclosure Judge Ruling Contrary to State Court Appellate Precedent.

One of the most important and well-recognized responsibilities of an appellate court is to effectively supervise lower courts in order to foster not only correctness and uniformity in judicial decision making but also adherence to its appellate opinions.

Historically there were two distinct means of achieving such effective supervision, notices of appeal and mandamus writ petitions, the latter a much quicker appellate procedure, yet more recently appellate review has become favored over mandamus review for numerous institutional reasons. Continue reading

It’s Here! It’s Wimpy, but Yvanova is finally here.

We’ve all waited with bated breath for the “Happening” of the California Supreme Court decision in Yvanova vs. New Century Mortgage Corporation a case, as the Supremes put it, “granted plaintiff‘s petition for review, limiting the issue to be briefed and argued to the following: “In an action for wrongful foreclosure on a deed of trust securing a home loan, does the borrower have standing to challenge an assignment of the note and deed of trust on the basis of defects allegedly rendering the assignment void?“”

While Yvanova wins the appeal, the Supremes’ opinion is less exciting than hoped for – yet it had some redeeming qualities when you look deep into the opinion and the footnotes. It sorta keeps you Hangin’ On (pun intended). Continue reading

Attorney: Court ruling could help families in foreclosure

Supreme Court rules against banks in wrongful foreclosure suit

KCRA - NEWS REPORTROSEVILLE, Calif. (KCRA) —With an estimated 1.3 million California homeowners in foreclosure, a Roseville attorney says the state Supreme Court has made a decision that could ultimately keep many from losing their homes. [Not to mention how many million foreclosed homeowners since 2005 – DC Ed.] Continue reading