A borrower who has standing to bring a wrongful foreclosure claim because she alleges defects in the transfer of her loan which render it void sufficiently establishes the prejudice element of her wrongful foreclosure claim simply by alleging that the foreclosure was carried out by a party having no right to do so. The borrower need not allege, in addition, that foreclosure by an unentitled property made it harder for her to pay the debt or redeem the property from the foreclosure sale. Here, plaintiff showed a void assignment because Chase, as successor to the loan originator WaMu, first assigned the loan to Deutsche Bank, and then later purported to assign the same loan to Bank of America, which foreclosed. Chase lost its interest in the loan with its first assignment and so had nothing left to assign to Bank of America.
California Court of Appeal, Fourth District, Division 1 (Nares, J.); May 18, 2016; 2016 WL 2941194