California Court of Appeal

In this case in which plaintiff’s condominium was sold at a trustee’s sale after she defaulted on a note secured by a deed of trust, plaintiff asserts that fraudulent mortgage documents were recorded to foreclose on the property and that the eviction documents were wrongfully issued and executed by the sheriff. Dismissal is affirmed, where plaintiff has no lawsuit against the sheriff and against the county recorder’s office because the recorder’s office is under a mandatory duty to accept the paperwork that’s filed with it, has no independent duty to determine whether the paperwork is fraudulent, and has no discretion to refuse to serve a writ of execution by order of the court.

Appellate Information

• Decided 12/03/2014
• Published 12/03/2014

Judges

• Yegan

Court

• California Court of Appeal

Counsel