What is the pleading burden for a wrongful foreclosure claim based on a defective notice of default?

California, United States of America


The following excerpt is from Booth v. Residential Credit Solutions, D069333 (Cal. App. 2017):

Additionally, to state a wrongful foreclosure claim based on an alleged defective notice of default, the party must show the claimed deficiencies prejudiced his or her rights, e.g., an irregularity in the proceeding adversely affected an ability to protect interests in the property. (See Ram v. OneWest Bank, FSB (2015) 234 Cal.App.4th 1, 11, 17-18.) To satisfy this pleading burden, the plaintiff must affirmatively allege prejudice; it is not presumed from a " 'mere irregularit[y]' in the process." (Fontenot, supra, 198 Cal.App.4th at p. 272.) The only exception from this rule requiring prejudice is where the foreclosure deed is void. (Ram, supra, at pp. 10-11.)

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