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


The following excerpt is from Gehron v. Bank of Am., N.A., E060701 (Cal. App. 2015):

The great weight of California authority rejects the notion that a borrower in default on a loan has standing to attack a purportedly void assignment of a note or deed of trust to which it is not a party as a means of challenging the foreclosure process. In arguing otherwise, plaintiffs rely virtually entirely on Glaski v. Bank of America (2013) 218 Cal.App.4th 1079 (Glaski). In that case, the court determined that the borrower had standing to attack a void assignment to which it was not a party. (Id. at p. 1095.)

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