Tag Archives: Foreclosure Sales

No Need To Record An Assignment Of A Deed Of Trust Prior To Foreclosure

By Sheppard Mullin on Posted in Financial Institutions
In Calvo v. HSBC Bank USA, — Cal.Rptr.3d —-, 2011 WL 4035791 (Cal.App. 2 Dist. 2011), the California Court of Appeal affirmed the longstanding rule that an assignee of a beneficiary under a deed of trust need not record its beneficial interest prior to initiating foreclosure. In Calvo, the plaintiff argued the foreclosure sale of … Continue Reading

A Borrower May Not Bring An Action To Determine Whether The Owner Of A Mortgage Note Has Authorized A Nonjudicial Foreclosure

By Sheppard Mullin on Posted in Financial Institutions
Civil Code sections 2924 to 2924k provide a comprehensive framework for regulating nonjudicial foreclosure sales under deeds of trust. A recent decision by the California Court of Appeal (4th Dist.) finds that, under California’s statutory framework regulating nonjudicial foreclosures, borrowers cannot challenge the authority of a trustee, mortgagee, beneficiary, nominee, or other agent of the … Continue Reading
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