What is the test for an action to set aside a trustee's sale for irregularities in the sale notice or procedure?
MultiRegion, United States of America
The following excerpt is from Macayan v. Rushmore Loan Mgmt. Servs., No. 2:15-cv-1119 TLN CKD PS (E.D. Cal. 2015):
Finally, plaintiffs fail to demonstrate a valid, unconditional tender of the sums owing under the loan. The absence of a valid tender is fatal to plaintiffs' claim of wrongful foreclosure. See Karlsen v. American Sav. & Loan Assn., 15 Cal. App. 3d 112, 117 (1971) (action to set aside trustee's sale for irregularities in sale notice or procedure should be accompanied to offer to pay full amount of debt for which property was security).
"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
What is the test for reasonable notice of notice of an action? (MultiRegion, United States of America)
What is the effect of a federal action for non-federal action in which a plaintiff is seeking to force a federal judge to dismiss the federal action? (MultiRegion, United States of America)
Is there any case law that states that a plaintiff must give sufficient notice of an action that is not a separate action? (MultiRegion, United States of America)
What is the difference between a class action and a similar class action? (MultiRegion, United States of America)
What is the current state of the law on notice of failure to give notice of an application? (MultiRegion, United States of America)
Is an administrator, trustee or executor of an estate a real party in interest when they have control over the action? (MultiRegion, United States of America)
Can an action be brought against the successors of an official who had engaged in the same practice that led to the action? (MultiRegion, United States of America)
Does a change of circumstances or modification of a consent decree require notice of a class action settlement? (MultiRegion, United States of America)
Can a claim be struck against Her Majesty The Queen on the grounds that, as now pleaded, it discloses no cause of action and may prejudice or delay the fair trial of the action? (Canada (Federal), Canada)
Does a plaintiff in a personal capacity action seek to impose individual liability upon a government officer for actions taken under color of state law? (MultiRegion, United States of America)
