Can a violation of section 2923.5 of the California Civil Code prevent a foreclosure from going ahead?

California, United States of America


The following excerpt is from Baldwin v. Bank of Am., N.A., B243789 (Cal. App. 2014):

5. The sole remedy available for a violation of Civil Code section 2923.5 is a one-time postponement of nonjudicial foreclosure proceedings. (Mabry v. Superior Court (2010) 185 Cal.App.4th 208, 235.) Since Baldwin alleges that the foreclosure sale has already taken place, section 2923.5 cannot now provide him a remedy.

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