Does the anti-SLAPP statute apply to claims of wrongful foreclosure arising from actions taken in a non-judicial foreclosure proceeding?

California, United States of America


The following excerpt is from Crossroads Investors, L.P. v. Fed. Nat'l Mortg. Ass'n, 13 Cal.App.5th 757, 222 Cal.Rptr.3d 1 (Cal. App. 2017):

Had Crossroads made its requests when no bankruptcy action was pending, our analysis would be short. The anti-SLAPP statute does not apply to claims of wrongful foreclosure arising from actions taken in a nonjudicial foreclosure proceeding. Such proceedings are not judicial or official proceedings under the anti-SLAPP statute, and a creditor's pursuit of a nonjudicial foreclosure and compliance with its statutory procedures do not involve the exercise of protected speech or petitioning activity. ( Garretson v. Post (2007) 156 Cal.App.4th 1508, 15201525, 68 Cal.Rptr.3d 230.) Crossroads, however, filed for bankruptcy. In this case, that makes all the difference.

1. Interrogatory response

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