Tanguma v. Bank of New York Mellon CA5
Plaintiff Yvette M. Tanguma appeals after her complaint was dismissed on demurrer. This is the second time a dispute between these parties has come before this court. Underlying both litigations is plaintiff’s attempt to prevent or reverse foreclosure proceedings resulting in the sale of her home. In her prior appeal, plaintiff attempted to rely on a series of technical arguments to contend that the trustee attempting to sell her home lacked authority to do so. This court rejected plaintiff’s arguments on the basis that plaintiff only alleged facts that made the contested transactions voidable. Under the law, this meant she lacked standing to pursue an action to prevent the foreclosure sale. In this litigation, relying on the same core factual assertions, plaintiff alleges she can proceed with a lawsuit for breach of contract and unlawful foreclosure because the foreclosure sale has been completed and, thus, she has been harmed.
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