California Foreclosure Case Law for Lawyers fighting predatory lending and wrongful foreclosure
CALIFORNIA WRONGFUL FORECLOSURE CASE LAW ON FORECLOSURE WARRIOR
For California real estate, bankruptcy and predatory lending lawyers we have sample foreclosure pleadings, TRO applications, lift stay motions and now we have added California case law to put in your homeowner defense toolbox.
You can visit our Foreclosure Defense website where you can access case law ready for you to cut an paste into your complaints, demurers, motions to dimiss and other legal pleadings.
Here is a short snippet of the case law you will get when you sign up:
OTHER GROUNDS TO SET ASIDE FORECLOSURE SALE
(5) In the case of Bank of America National Trust & Savings Association v. Reidy, 15 Cal. 2d. 243, 248 (1940), the Court held:
It is the general rule that courts have power to vacate a foreclosure sale where there has been fraud in the procurement of the foreclosure decree or where the sale has been improperly, unfairly or unlawfully conducted, or is tainted by fraud, or where there has been such a mistake that to allow it to stand would be inequitable to purchaser and parties. Sham bidding and the restriction of competition are condemned, and inadequacy of price when coupled with other circumstances of fraud may also constitute ground for setting aside the sale. (Haley v. Bloomquist, 204 Cal. 253 [268 Pac. 365]; Dealey v. East San Mateo Land Co., 21 Cal. App. 39 [130 Pac. 1066]; Bernheim v. Cerf, 123 Cal. 170 [55 Pac. 759]; Packard v. Bird, 40 Cal. 378; Goodenow v. Ewer, 16 Cal. 461 [76 Am. Dec. 540].).
(6) In re Worcester, 811 F.2d 1224, 1228, (1987) the Court held:
Under California law, “gross inadequacy of price coupled with even slight unfairness or irregularity is a sufficient basis for setting the sale aside.” Whitman v. Transtate Title Co., 165 Cal.App.3d 312, 323, 211 Cal.Rptr. 582, 589 (1985); see also Sargent v. Shumaker, 193 Cal. 122, 129-30, 223 P.2d 464, 467 (1924).
The property here sold well below the published bid, and raises a presumption of irregularity.
REMEMBER, WHENEVER THERE IS A WRONGFUL FORECLOSURE, SEE IF YOU CAN ARGUE MUNGER V. MOORE AND SECTION 3333 DAMAGES (EX. MONEY THEY HAD TO PUT OUT FOR ATTORNEY IN UNLAWFUL DETAINER CASE, AND CURRENT CASE, AND ANY OTHER DAMAGES “WHETHER FORESEEABLE OR NOT”). California Civil Code Section 3333.