California Court of Appeal

In an action for wrongful foreclosure brought by a homeowner, alleging that as a result of a void assignment of her promissory note and deed of trust, the entity that conducted a nonjudicial foreclosure sale on her home had no interest in either the underlying debt or the subject property, the trial court's sustainment of defendant's demurrer without leave to amend is reversed where a homeowner who has been foreclosed on by one with no right to do so, by those facts alone, sustains prejudice or harm sufficient to constitute a cause of action for wrongful foreclosure.

Appellate Information

• Published 2016/05/18

Judges

• NARES

Court

• California Court of Appeal

Counsel