What are the elements of a wrongful foreclosure?

California, United States of America


The following excerpt is from Guliex v. Pennymac Holdings LLC, F073142 (Cal. App. 2017):

The first category of illegality involves procedural irregularities in a foreclosure sale conducted by the rightful trustee at the directions of the rightful beneficiary. In other words, foreclosures in this category are wrongful because of the procedural irregularities or defects in the foreclosure process. (See Knapp v. Doherty (2004) 123 Cal.App.4th 76, 81, 92-94 [procedural irregularity alleged was the premature service of the notice of trustee's sale] (Knapp).) We adopt the term "irregular foreclosure" to describe this particular category of wrongful foreclosure.

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