California Court of Appeal

The trial court erred in dismissing plaintiff's complaint for declaratory relief on the grounds that the anti-deficiency protections in Code of Civil Procedure section 580b only apply after a foreclosure, where: 1) the anti-deficiency protections in section 580b do apply to the short sale that defendant-lender approved here; and 2) there is no requirement in the statute that a foreclosure must occur to trigger its protections.

Appellate Information

• Decided 07/23/2013
• Published 07/23/2013

Judges

• HUFFMAN

Court

• California Court of Appeal

Counsel