If the Notice of Trustee’s Sale is more than 365 days old, it is probably invalid. California Civil Code section 2924g, subdivision (c)(1) provides: ” (c) (1) There may be a postponement or postponements of the sale proceedings, including a postponement upon instruction by the beneficiary to the trustee that the sale proceedings be postponed, at any time prior to […]
Home Was Sold While In Compliance With Mortgage Modification Plan; Demurrer Should Not Have Been Sustained.
In 2006, plaintiff refinanced her home and executed a promissory note secured by the deed of trust. The deed of trust was later assigned to defendants. A notice of default and election to sell under the deed of trust were executed and recorded. After negotiations, defendant offered plaintiff a modification plan which required her to make […]
No Private Right Of Action For Tenant.
Plaintiff was a tenant on property for which a bank took title at foreclosure. The bank served her with a three-day notice of termination and then immediately initiated an unlawful detainer action. Plaintiff contends the bank was required to serve a 90-day notice of termination prior to eviction. She filed an action against the bank in […]
Highest Bidder At A Trustee Sale Of Real Property, Too Good To Be True.
Plaintiff was the highest bidder at a trustee’s sale of real property, and he filed an action to quiet title. Two days after the sale, the trustee telephoned plaintiff and told him the sale was void because the trustee “did not offer the Property for a high enough bid amount.” The trustee returned plaintiff’s cashier’s check, […]
Fifteen Percent (15 %) Interest Not Usury.
Plaintiff borrowed money from a mortgage lender secured by a deed of trust on certain real property. The interest rate was 15%, with interest-only payments from 2009 until 2012. When plaintiff defaulted, the lender foreclosed. Plaintiff filed suit against the lender claiming the interest rate on the loan exceeded the maximum allowed by the California Constitution, […]
Real Estate Agent Injured By Concealed Danger While Showing Foreclosed-Upon Home.
A loan services company owned a home which had been foreclosed upon. The home had been visited by more than 100 real estate agents. One of the features was an attic that had been converted into a bonus room by a previous owner, which room was accessed by using a pull-down stairway. The home had been […]
Dismissal Of Wrongful Foreclosure Action Reversed.
The appellate court reversed the sustaining of a demurrer to plaintiff’s complaint for wrongful foreclosure. In support of the demurrer, defendants sought judicial notice, which was granted, of the notice of default, including the attached declaration of someone named Samantha Jones, which stated the bank “tried with due diligence to contact [plaintiff] in accordance with California […]
2007 Mortgage Debt Relief Act Extended For One Year In Senate Bill.
It appears that the Mortgage Debt Relief Act of 2007 will be extended for one year. The Senate is currently making amendments to the Bill, passed in the House earlier this morning and the President has yet to sign, however, with those caveats the extension is expected to be included. Here is the text from […]
Filing Of Lis Pendens Privileged.
A family home was foreclosed on pursuant to a forged or fraudulent second deed of trust. The alleged homeowners filed an action to quiet title to the property and recorded a lis pendens. The persons who purchased the property in good faith at a foreclosure sale filed an action for slander of title alleging that […]
Omission Of A Trustee On Deed Of Trust Does Not Prevent Enforcement Of The Deed Of Trust.
After homeowners/borrowers fell more than $90,000 behind in payments, the beneficiary of the deed of trust substituted an entity as trustee to initiate nonjudicial foreclosure proceedings. The homeowners sued to set aside the sale because the deed of trust failed to designate a trustee. Both the trial court and the appellate court held the omission […]