Two California UD cases which show the path to winning UD cases for borrowers

Charles Marshall will discuss today two seminal unlawful detainer (UD) cases, in which respectively in each case the lower Court there found per usual for the institutional UD Plaintiiff against the 'former' homeowner who was foreclosed on by an instutiional trust, aka 'lender-in-succession'. Yet on appeal of the UD judgment, in both these separate cases, the appellate courts reversed the judgment and remanded the cases.

First up for discussion today is Bank of New York Mellon (BNYM) v. Preciado, the appeal decided in August 2013. The second case is US Financial, L.P. v. McLitus, decided on appeal in August of 2016, which appeal decision was published in November 2016.

Both appellate courts found that neither UD Plaintiff had perfected title, as required by CCC 2924. Will discuss the reasons for this on today's show.