California Court of Appeal

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Banc of Am. Leasing & Capital, LLC v. 3 Arch Tr. Serv., Inc., G041480

In a junior lien holder's action against defendant for conducting a nonjudicial foreclosure sale that resulted in excess sale proceeds, judgment in favor of the lien holder is reversed as the comprehensive statutory scheme regarding nonjudicial foreclosures clearly delineates the limited role and duties of a trustee in a nonjudicial foreclosure sale, and those duties do not include the responsibility for searching and finding all possible judgment creditors.

Appellate Information

  • Decided 01/04/2010
  • Published 01/04/2010

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Sam M. Muriella, for Defendant and Appellant., Serlin & Whiteford and Kevin P. Whiteford, Sacramento, for Plaintiff and Respondent., Adleson, Hess & Kelly, Phillip M. Adleson and Lisa J. Parrella, Campbell, for United Trustees Association as Amicus Curiae on behalf of Defendant and Appellant.