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Contracts

2014

University of Nevada, Las Vegas -- William S. Boyd School of Law

Pooling and Servicing Agreement; assignment void; voidable

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Summary Of Wood V. Germann, 130 Nev. Adv. Op. 58, Ryan Becklean Aug 2014

Summary Of Wood V. Germann, 130 Nev. Adv. Op. 58, Ryan Becklean

Nevada Supreme Court Summaries

The Court determined one issue: (1) the legal effect of a loan assignment from a homeowner’s original lender to a subsequent purchaser when that assignment violates the terms of the original lender and subsequent purchaser’s Pooling and Servicing Agreement (PSA). More specifically, the court decided whether a loan assignment that is executed after the closing date renders the assignment void and ineffective to transfer ownership of the homeowner’s loan.