What is the test for a plaintiff to challenge a foreclosure sale based on a procedural irregularity?

California, United States of America


The following excerpt is from Citrus El Dorado, LLC v. Chi. Title Co., 244 Cal.Rptr.3d 372, 32 Cal.App.5th 943 (Cal. App. 2019):

We conclude that there were insufficient facts pled. To successfully challenge a foreclosure sale based on a procedural irregularity, the plaintiff must show both that there was a failure to comply with the procedural requirements for the foreclosure sale and that the irregularity prejudiced the plaintiff. ( Knapp v. Doherty (2004) 123 Cal.App.4th 76, 96, 20 Cal.Rptr.3d 1.) Citrus has failed to plead facts sufficient to make the required showings.

[32 Cal.App.5th 951]

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