Yhudai v. Impac Funding Corp.
Plaintiff filed suit against his lender, Impac, and others, alleging causes of action arising from the nonjudicial foreclosure sale of his residence. The trial court sustained defendants' demurrer to the entire pleading without leave to amend, and thereafter entered a judgment of dismissal. The court concluded that plaintiff offered no citation to federal or California authority (other than Glaski v. Bank of America, which the court declined to follow) to support his assertion that a 2009 assignment is void because it was made after the ISA Trust’s closing date; plaintiff has the burden to prove that the nonjudicial foreclosure was wrongful; even if language in the deed of trust might have provided plaintiff with standing to assert a defense to prevent a foreclosure, it does not help him in this instance; the problem with plaintiff's claims is not that the deed of trust precludes him from alleging an invalid assignment, but that he has not sufficiently alleged an invalid assignment; and, because he has not alleged sufficient facts to establish that critical allegation, the proposed new cause of action would also fail as a matter of law. Accordingly, the court affirmed the judgment. View "Yhudai v. Impac Funding Corp." on Justia Law