Code of Civil Procedure section 580d does not bar the same creditor holding two deeds of trust on the same property from recovering a deficiency judgment when its junior lien is extinguished by the nonjudicial foreclosure of its senior lien. Continue reading
After purchase at a foreclosure sale, duly perfect title and do not serve a 3-day notice to quit before the trustee’s deed records. Continue reading
Mandatory relief from dismissal available for failure to file opposition to demurrer. Continue reading
Where an assignment of a deed of trust is void, prejudice results from the foreclosure. No further showing of prejudice is required to state a cause of action. Continue reading
A borrower who has suffered a nonjudicial foreclosure sale has standing to sue for wrongful foreclosure based on an allegedly void assignment. Continue reading
The statute of limitations on a promissory note in California is six years. Continue reading
Wrongful foreclosure: plaintiff lacked standing even if her loan or deed of trust was transferred to the securitization trust after the specified closing date. Continue reading
A homeowners’ association is required by the Davis-Stirling Common Interest Development Act to accept partial payments from a delinquent owner even after a lien has recorded. Continue reading
Bona fide tenancies for a term are protected under the Protecting Tenants Against Foreclosure Act, i.e., a lease survives foreclosure. Continue reading
In unlawful detainer proceedings proofs of service should show that personal service of the notice to quit was attempted; in post foreclosure proceedings plaintiff must prove its title was “duly perfected.” Continue reading
