California Court of Appeal

In a case brought by homeowners against their lender, following the lender's purchase of their residence at a non-judicial foreclosure sale, alleging defendant violated Civil Code section 2923.6, the prohibition on "dual tracking" contained in the Homeowners Bill of Rights, when it conducted a foreclosure sale of plaintiff's property while their loan modification application was pending, the trial court judgment sustaining defendant's demurrer, ruling that plaintiffs' failure to allege tender of the loan balance defeated their claims, is reversed where the court improperly applied the tender rule.

Appellate Information

• Decided 06/19/2015
• Published 06/19/2015

Judges

• GOODMAN

Court

• California Court of Appeal

Counsel