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.
- Decided 01/04/2010
- Published 01/04/2010
- California Court of Appeal
- 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.