Can a pre-sale wrongful foreclosure claim proceed?
California, United States of America
The following excerpt is from McDowell v. Aurora Loan Servs. LLC, A139140 (Cal. App. 2014):
On the other hand, courts have allowed a pre-sale wrongful foreclosure claim to proceed to the extent it sought injunctive reliefsuch as a postponement of the foreclosure salein order to prevent the future sale and resulting harm. (Nguyen v.
Page 11
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the anti-SLAPP statute apply to claims of wrongful foreclosure arising from actions taken in a non-judicial foreclosure proceeding? (California, United States of America)
Does a mistake by a lawyer in filing for a claim against the wrong governmental entity proximately caused the claim to be filed with the wrong government entity? (California, United States of America)
What is the test for a set aside or wrongful foreclosure claim? (California, United States of America)
What is the test for equitable set-aside of a trustee's sale or wrongful foreclosure claim? (California, United States of America)
Can a claimant bring a claim for damages against a public entity under section 946.6 of the California Claims Act for failing to act on a timely claim? (California, United States of America)
What is the test for a wrongful foreclosure claim? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
In a post-appeal collateral proceeding, can an attorney error be considered a cause for failure to raise a claim in a subsequent collateral proceeding? (California, United States of America)
Does a claim of ineffective assistance in a habeas corpus proceeding need to be considered in a separate proceeding rather than on appeal? (California, United States of America)
What is the test for maintaining a wrongful foreclosure claim? (California, United States of America)
