California Yvanova's Paves the Way for Gieseke, Lundy and Sciarratta Decisions

“As it stands, the “creditor” consists of all investors in all trusts created by each investment bank. But nobody is acting as if that is true.” The California 9th Circuit Court of Appeals (Federal) has made it clear that it will routinely reverse any decision that involves the trial court accepting void assignments or in which the court rules that the borrower has no standing to raise the issue of ownership and standing based upon a void assignment on the grounds that the borrower was not a party to the transaction. The very notion of due process means that all parties have an opportunity to pursue the truth and not be stuck with some legal presumption that is based upon a false statement of fact. The importance of the Geiseke decision is that it is black letter law, as they say, that every borrower should know the identity of his or her creditor. But like other issues, the courts are still asking “what difference does it make?”  It makes all the difference in the world. Charles Marshall, Esq. 415 Laurel St., #405 San Diego, CA 92101 [email protected] Phone 619.723.7071 Fax 866.575.7413 Original Order: https://scholar.google.com/scholar_case?case=14840482884466427978&hl=en&as_sdt=6&as_vis=1&oi=scholarr THIS SHOW IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.