Category Archives: Trustee Sales

Davis-Stirling: Foreclosure Notice Requirements are Strictly Construed

Posted on by
Reply

  The Sixth Appellate District holds that the pre-foreclosure notice requirements of the Davis-Stirling Common Interest Development Act must be strictly construed to create a valid lien. Only valid liens may be recorded and subsequently foreclosed by the association. The case is Diamond v. Superior Court (Casa Del Valle Homeowners Association). The notice and procedural requirements can be found in Civil Code sections 1367.1 and 1367.4 and are summarized here.  Continue reading →

Related posts:

  1. Failure to Provide Notice of Redemption Rights May Void HOA’s Nonjudicial Foreclosure
  2. How to Count Days: California Courts
  3. Enforcement of Judgment: Attorney Fees as Costs, Privity Not Required
  4. Defense Under Reservation of Rights: The Right to Independent Cumis Counsel
  5. Memorandum of Costs: 5-Day Extension Applies When Party Serves Notice of Entry by Mail

Failure to Provide Notice of Redemption Rights May Void HOA’s Nonjudicial Foreclosure

Posted on by
Reply

  In Multani v. Witkin & Neal [See, also Multani v. Witkin & Neal Order Modifying Opinion (No Change in Judgment)] the Court of Appeal was presented with a question of first impression. Does a homeowner’s association’s failure to comply with the requirements of Code of Civil Procedure section 729.050, i.e., the associations failure to notify the owner of its redemption rights, sufficiently prejudiced an owner such that the owner can state a cause of action to set aside the foreclosure sale? Continue reading →

Related posts:

  1. Anti-SLAPP Motion: Unavailable in Limited Civil Cases
  2. Mandatory Relief from Default: Attorney-Fault; C.C.P. 473(b)
  3. Laches Bars Probate Petition; Filing, Not Service, Determines Timeliness of Petition
  4. Judgment Debtors: The Qualified Tax Return Privilege
  5. Memorandum of Costs: 5-Day Extension Applies When Party Serves Notice of Entry by Mail

Trustee’s Mistake in Opening Bid Amount Justified Refusal to Deliver Deed

Posted on by
Reply

  Nonjudicial trustee foreclosure sales are regulated by statute. The result is that, so long as the statutory scheme is strictly followed, trustee sales are final and cannot be undone. Procedural irregularities in the statutory foreclosure process coupled with an inadequate sales price may, however, allow the trustee to exercise discretionary authority to void the sale if the error is discovered prior to delivery of the deed. Continue reading →

Related posts:

  1. Was Your Home in Foreclosure in 2009 or 2010?
  2. Anti-SLAPP Motion: Unavailable in Limited Civil Cases
  3. Failure to Provide Notice of Redemption Rights May Void HOA’s Nonjudicial Foreclosure
  4. Petitions to Compel Arbitration and Attorney Fees: The Rules
  5. Mandatory Relief from Default: Attorney-Fault; C.C.P. 473(b)