What is the test for a set aside or wrongful foreclosure claim?

California, United States of America


The following excerpt is from Sanchez v., B252967 (Cal. App. 2015):

"To obtain the equitable set aside of a trustee's sale or maintain a wrongful foreclosure claim, a plaintiff must allege that (1) defendants caused an illegal, fraudulent, or willfully oppressive sale of the property pursuant to a power of sale in a mortgage or deed of trust; (2) plaintiff suffered prejudice or harm; and (3) plaintiff tendered the amount of the secured indebtedness or [was] excused from tendering." (Chavez v. Indymac Mortgage Services (2013) 219 Cal.App.4th 1052, 1062.)

Other Questions


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 equitable set-aside of a trustee's sale or wrongful foreclosure claim? (California, United States of America)
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)
What is the effect of an order setting aside or setting aside the information in the context of a claim for damages? (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)
Can a pre-sale wrongful foreclosure claim proceed? (California, United States of America)
What is the test for maintaining 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)
Can a plaintiff bring a claim for damages under Section 1983 of the Criminal Code for wrongful imprisonment and/or wrongful imprisonment in a civil case? (California, United States of America)
What is the test for a wrongful foreclosure claim? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.