3. March, 2016|Uncategorized|3 comments

CONTACT:       Celeste Miranda                                                                         FOR IMMEDIATE RELEASE

TELEPHONE:   805.744.2424

EMAIL:              celeste@mirandamarketinglabs.com


FRESNO, CALIFORNIA – March 3, 2016 – In another huge triumph for homeowners, on February 18, 2016, the California Supreme Court upheld a prior decision in the Yvanova v. New Century case which allowed the borrower to challenge his foreclosing party on the basis of wrongful foreclosure on the grounds that the assignment of note is void. Judges cited the landmark decision, Glaski vBank of America, N.A., 218 CalApp. 4th 1079 (2013) numerous times in the ruling. The Glaski victory was due in large part to the tireless efforts of Fresno, California based attorney Catarina Benitez.


“The Yvanova decision is another pivotal step in the fight for homeowners’ rights in the state of California,” Benitez stated. “I am grateful that the Glaski case set a precedent for the Yvanova ruling as we continue to move toward fairness in foreclosure laws. Even after Glaski, borrowers have continuously fought to the right to challenge a void assignment. This decision is beyond extraordinary for those who were improperly foreclosed upon or suffered fraudulent foreclosures.


In February 2014, the California Supreme court refused to grant the five major banks’ request for depublication of Glaski v. Bank of America. The banking giants lobbied to have records of the decision thrown out in hopes that it would prevent subsequent rulings of similar nature. The decision favored Glaski and – as evidenced by the Yvanova case – helped pave the way for the homeowner’s ability to fight against unlawful foreclosure.


In Yvanova, a complaint was made that Morgan Stanley, the investment trust to which the Deed of Trust was purportedly assigned on December 19, 2011, had a closing date of January 27, 2007. On Demurrer, the lower court held that because Plaintiff did not allege she had tendered payment of her debt, and because she was an unrelated third party to the assignment, she did not have standing to enforce the terms of the agreements allegedly violated.


“We are still in the early stages of the battle on behalf of the homeowners of California,” Ms. Benitez said. “The court system of California – and throughout the United States – must continue to reexamine any laws or rulings that favor the big banks over the citizens.”


About The Law Offices of Catarina Benitez:

The Law Offices of Catarina M. Benitez, based in Fresno, California, emphasizes real estate, bankruptcy and civil matters and represents clients throughout the Central Valley. Ms. Benitez is also bi-lingual (Spanish). For more information on the Law Offices of Catarina M. Benitez, please visit www.benitezlawfirm.com.